(a) Findings and Purpose. In 2020, the Recreation and Park Department restricted private vehicles from certain portions of John F. Shelley Drive in McLaren Park due to the COVID-19 pandemic. Based on this experience, the Board of Supervisors finds that it is appropriate to permanently restrict private vehicles from John F. Shelley Drive, between the Upper Reservoir Parking Lot and Mansell Street, because the street is no longer needed for private vehicle traffic; because of the need to ensure the safety and protection of persons who are to use the street; and because the restrictions would leave a sufficient portion of the streets in the surrounding area for other public uses including vehicular, pedestrian, and bicycle traffic.
(b) Restrictions on Private Vehicles. The Recreation and Park Department shall restrict private vehicles from John F. Shelley Drive, between the Upper Reservoir Parking Lot and Mansell Street. The temporary closure of John F. Shelley Drive due to the COVID-19 pandemic starting in April 2020 is hereby ratified.
(c) Public Notice and Engagement. The Recreation and Park Department shall include on its website a map depicting the street segment subject to the street closure and traffic restriction authorized in subsection (b), and such other information as it may deem appropriate to assist the public.
(d) Exempt Motor Vehicles. The following motor vehicles are exempt from the restriction in subsection (b):
(1) Emergency vehicles, including but not limited to police and fire vehicles.
(2) Official City, State, or federal vehicles, or any other authorized vehicle, being used to perform official City, State, or federal business pertaining to McLaren Park or any property or facility therein, including but not limited to public transit vehicles, vehicles of the Recreation and Park Department, and construction vehicles authorized by the Recreation and Park Department.
(3) Authorized intra-park transit shuttle buses or similar authorized vehicles used to transport persons along the restricted segment of John F. Shelley Drive.
(4) Vehicles authorized by the Recreation and Park Department in connection with permitted events and activities.
(e) Emergency Authority. The General Manager of the Recreation and Park Department shall have the authority to allow vehicular traffic on street segments that would otherwise be closed to vehicles under this Section 6.13.1 in circumstances which in the General Manager’s judgment constitute an emergency such that the benefit to the public from the vehicular street closure is outweighed by the traffic burden or public safety hazard created by the emergency circumstances.
(f) Promotion of the General Welfare. In enacting and implementing this Section 6.13.1, the City is assuming an undertaking only to promote the general welfare. It is not assuming, nor is it imposing on its officers and employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury.
(g) Severability. If any subsection, sentence, clause, phrase, or word of this Section 6.13.1 or any application thereof to any person or circumstance, is held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or applications of Section 6.13.1. The Board of Supervisors hereby declares it would have passed this Section and each and every subsection, sentence, clause, phrase, and word not declared invalid or unconstitutional without regard to whether any other portions of Section 6.13.1 or application thereof would be subsequently declared invalid or unconstitutional.
(Added by Ord. 222-23, File No. 230853, App. 11/3/2023, Eff. 12/4/2023)