LBindy_7.12.24 | Page 21

lagunabeachindy . com JULY 12 , 2024 21

Butow

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as defined , from stopping a pedestrian for specified traffic infractions unless a reasonably careful person would realize there is an immediate danger of collision with a moving vehicle or other device moving exclusively by human power .”
What constitutes “ a reasonably careful person ,” and what might enforcement , ultimately look like , be hinged upon to be successful ? Doesn ’ t jaywalking while using a smartphone constitute “ unreasonable , careless ?”
The law doesn ’ t preemptively inure with impunity , shelter , or give ridiculous decision-making autonomy to many who are not just rude but inattentive , perhaps under the influence of the now ubiquitous drugs and alcohol in our society .
Laguna is a year-round tourist destination , and millions visit to avail themselves of loosened drug laws . They feel falsely empowered when their pedestrian , scofflaw activities need attenuation .
What if a Laguna Beach police officer observes erratic behavior , wants to prevent injury to that pedestrian or allows them to jeopardize the safety of motorists traveling at moderate but still deadly speeds ?
Feeling curtailed , inhibited as that might be construed as harassment ( something AB 2147 alleges it inhibits ), if they do stop the person and ask a few questions , will we have civil rights law firms setting up shop in our city ?
Whether it ’ s wearing helmets on roadways or a seatbelt while operating a vehicle , we ’ re down to saving people from themselves and their own poor judgment while navigating our arterial surface streets .
Legislating behavioral modification is one thing ; implementing it at ground zero , literally where “ the rubber meets the road ,” is another .
For those gleefully anticipating the acquisition of both Laguna Canyon Road and PCH ? With assets come liabilities , including potential negligence litigation vulnerabilities .
Perhaps failure to enforce “ distracted jaywalking ” might lend itself to expensive , protracted legal interventions . We might be forced to defend ourselves from frivolous personal injury attorneys who always seek deep-pocket resources .
One possible solution is to give our chief and his officers the tools for discretionary ticketing . Mass broadcast that obligatory possibility , i . e ., publicize it via mainstream and social media , emphasize that policy in press releases and public service announcements .
Socializing the first offenders in the public square pillory usually extends the issue into the bigger world . It warns locals and visitors alike that we ’ re serious about controlling rampant mischief .
As for those knuckleheads who have their smartphones up to their ears while weaving their way through traffic between crosswalks ? That , in my opinion , is not acting reasonable and literally defines distracted jaywalking .
Initiate this ability to proactively confront what is occurring , and the ramped-up probability of injury and death as we become more urbanized lessens .
Put AB 2147 on the City Council agenda and have our police department and city attorney explain how it might or might not give us a degree of legal safe harbor .
Let ’ s get ahead of the curve instead of behind the inevitable EMT , fire , police department and litigation 8-ball .
Roger E . Bütow moved to Laguna Beach in 1972 . A former general contractor , he ’ s currently a professional land use & regulatory compliance analyst who specializes in environmental and constructionrelated advisory services .

Crantz

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the name of a circus . We don ’ t work with animals , remember ?” Another artist piped up with , “ Beach Ball Pictures .” The artists gasped . “ Beach Balls ? That ’ s probably the only object we all haven ’ t painted , sculpted or made glass out of it . We need a more encompassing name .” Silence endured while the thinking caps were pulled tighter . A pre-schooler of one of the artists shouted , “ Sandy Pants .” The others looked at one another , shrugged , “ That ’ s pretty good .” The pre-schooler said , “ No , it ’ s not . You wouldn ’ t say that if you had sand in your pants .”
By some miracle , the Beaver family got to Laguna Beach on their 100 and 20th set of road maps . They just needed a little help to find Bluebird Canyon road . They saw a group of people in a eucalyptus grove and pulled over to get directions . The Beavers pulled up in front of the shouting group of people and opened their doors to stretch their legs and ask for help . Out poured the remains of all those road maps at the feet of the arguing artists . “ Sawdust ?” The Beavers answered , “ No . Road maps .” The artists jumped for joy and praised the Beavers . “ You did it . You brought us the new name . We ’ ll call it the Sawdust Festival .”
Crantz tells the Indy the Beavers were given directions to their new home on Bluebird Canyon . They had beaten the picture of themselves . Unfortunately , a picture of squatters had arrived before them , so they are building a dam on the property to keep them out . “ Oh , darn .”

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