Revision #

Section #

Name

Code with recommended Changes

Staff Recommendation

A1 - A5

9.62.040

Operation of motor vehicles and bicycles in public parks - prohibited acts

2. Except as otherwise specifically provided by law, a bicyclist on a park path or park sidewalk has the same rights and duties as a pedestrian on a park path or park sidewalk

Ride a bicycle other than on the righthand side of the road paving as close as conditions permit, and bicycles shall be kept in single file when two or more are operating as a group. Bicyclists shall at all times operate their machines bicycles with reasonable regard to the safety of others, signal all turns, pass to the left of any bicycle, authorized vehicle or pedestrian they are overtaking, and pass to the right of any oncoming bicycle, authorized vehicles or pedestrian they may be meeting;

3. A bicyclcist on a park path or park walkway has the same rights and duties as a pedestrian on a park path or park walkway, except as otherwise specifically provided by law.

i. (i) Ride Transport any other person on a bicycle if the bicycle is not designed and equipped for multiple riders. This provision is not intended to prohibit passengers in bike trailers that are designed for such transport.

(kj) Leave a bicycle lying on the ground or paving, or set against trees, or in any place or position where other persons may trip over it ,or be injured by it them, or where property (including trees and vegetation) may be damaged by it.

Staff recommends adding to (k) to include trees and vegetation as possible property that could be damaged by bicycles.

A6

10.04.080

Traffic regulations apply to persons riding bicycles or animals

Every person riding a bicycle or riding or driving an animal upon a highway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by this title, except those provisions which by their very nature can have no application.

This code duplicates CVC 21200 .

A7

10.12.030

Clinging to moving vehicles

It is unlawful for any person riding upon any bicycle, motorcycle, coaster, roller skates or any toy vehicle to attach the same or himself or herself to any moving vehicle upon any roadway.

This code duplicates CVC 21203 .

A8

10.12.080

Restrictions on use of freeway or expressway

1. It is unlawful for any person to drive or operate any bicycle, motor-driven cycle, motorized scooter, or any vehicle which is not drawn by a motor vehicle upon any street established as a freeway or expressway, as defined by state law except as described in.subsection (b).
2. , nor shall any pedestrian walk across or along any such street so designated and described except in space set aside for the use of pedestrians, provided official signs are in place giving notice of such restrictions; except that Aany person may operate a bicycle along and upon Central any eExpressway within the boundaries of the city of Sunnyvale, provided that the operation of the bicycle is otherwise in compliance with applicable provisions of this code and the California Vehicle Code.

CVC 21960 states that DOT and local authorities may prohibit or restrict the use of freeways by pedestrians, non motorized traffic and motor driven cycles and scooters.

A9

10.44.010

Restrictions on pedestrian use of county expressways -exceptions

(c) Any person may walk on the east side of Lawrence Expressway from Arques Avenue to Bridgewood Way; on the west side of Lawrence Expressway from Lakewood Drive to Arques Avenue; and on the west side of Lawrence Expressway from Tasman Drive to Persian Drive, If no reasonable alternative exists any person may walk on a a county expressway so long as the person is not in the vehicular traffic lane or shoulder area unless signed otherwise.

(d) Any person may walk on the north side of Central Expressway from Oakmead Parkway west for a distance of nine hundred feet, so long as the person is not in the vehicular traffic lane or shoulder area. Where no sidewalk exists, a shoulder greater than 6ft wide may serve as an emergency walkway.

Staff recommends changing the wording of this regulation so as to be less location specific, and more descriptive regarding the conditions that would allow or prohibit pedestrian activity. This change would eliminate the list of locations and add language that describes conditions under which a pedestrian may walk on a County Expressway. This is consistent with the new policies that are being developed by the County of Santa Clara Roads and Airports Department, Pedestrian Accommodation Guidelines as part of the Comprehensive County Expressway Planning Study

A10

10.52.060

Pedestrians standing in roadways

It is unlawful for any person to stand in any roadway other than in a safety zone or in a crosswalk if such action interferes with the lawful movement of traffic. This section shall not apply to any public officer or employee, or employee of a public utility when necessarily upon a street in line of duty.

This code duplicates CVC 21954

A11

10.52.070

Pedestrians standing in sidewalks

It is unlawful for any pedestrian to stop or stand on a sidewalk except as near as is physically possible to the building line or the curb line Pedestrians standing on a sidewalk may not impede the flow of pedestrian traffic at any place in commercially zoned areas.

Staff recommends rewording the regulation in order to specify the unwanted behavior of impeding the flow of pedestrian traffic rather than identifying locations on the sidewalk where pedestrians are permitted to stand.

A12

10.56.020

License Required

It is unlawful in the city of Sunnyvale for any person resident to operate a bicycle as defined in this chapterthe California Vehicle Code unless it has been licensed and a current license plate is attached thereto, as provided in this chapter, or unless it has been licensed by and bears a current license plate from another jurisdiction. The term "license plate" as used in this chapter shall mean the indicia issued from time to time by the Department of Motor Vehicles. The chief of the department of public safety may issue a license as provided in this chapter for a bicycle owned by any resident of the city of Sunnyvale who applies therefor. The purpose of this section is to promote the safety and education of bicyclists, and to facilitate the return of stolen property to its owner. The absence of a bicycle license is not used as probable cause for random investigation.

Staff recommends that information be added regarding the intent of the license, as well as reassurance that the absence of a bike license is not used as probate for random investigation.

A13

10.56.040

License-Duration

Each bicycle license issued shall continue in effect until canceled or revoked, but in no event beyond January 1st of the third year following registration beginning January 1, 1979, at which time the license shall be renewed for time periods as set forth in the Vehicle Code.

Staff recommends that this code be deleted because it is duplicative of vehicle code 39001 C.

A14

10.56.090

Bicycle frame or license plate mutilation

It is unlawful for any person to wilfully or maliciously remove, destroy, mutilate or alter the number of any bicycle frame licensed pursuant to this chapter. It is also unlawful for any person to remove, destroy, mutilate or alter any license plate during the time in which such license plate is in effect. Nothing in this chapter shall prohibit the department of public safety from stamping numbers on the frames of bicycles on which no serial number can be found, or on which the number is illegible or insufficient for identification purposes.

Staff recommends that this code be deleted because it is duplicative of vehicle code 39002 B.

A15

10.56.120

Bicycles licensed by other cities

The department of public safety is authorized to investigate the possession and ownership of any bicycle bearing a license issued by any other city. If there is probable cause for believing that said any bicycle not bearing a license or bearing a license issued by any other city bicycle is a stolen bicycle, the department of public safety may impound the same for a period of not exceeding five days. If the department of public safety finds that it is a stolen bicycle then the department shall communicate with the appropriate enforcement officers of the city whose license the bicycle bears and advise the officers in question that the department of public safety is holding the bicycle and will restore it to the appropriate enforcement officer of the city which has licensed it, upon the payment to the city of Sunnyvale of the reasonable costs of the impounding and storage of the bicycle. The amount of such costs shall be fixed by resolution of the city council; provided, however, that where municipalities have entered into reciprocal agreements for the storage and return of bicycles licensed by said municipalities, the fees and charges shall be those provided by such reciprocal agreement.

Staff recommends removing the first sentence of this regulation. There was concern that this sentence could authorize Public Safety Officers to investigate ownership of a bicycle without probable cause that the bicycle has been stolen. This is not actually the case, however to avoid any uncertainty, staff recommends its removal.

A16

10.56.130

Equipment

On other than a public highway, which is regulated by Vehicle Code 21201, eEvery bicycle operated or used in the city of Sunnyvale shall be equipped with the items of equipment specified in the Vehicle Code.

Staff recommends that this provision remain in the code because of its relation to bicycles riding in places other than a public highway.

A17

10.56.140

Riding on sidewalks and overhead pedestrian crossings - prohibited

It is unlawful for any person to ride or operate a bicycle, motor driven cycle or motor scooter upon any sidewalk or upon any overhead pedestrian crossing over any street, roadway, state highway or state freeway that is signed for pedestrian use only within the city. Children under the age of thirteen years or persons 62 years of age or older may ride and operate their bicycles in single file upon any sidewalk, except sidewalks adjacent to schools, store buildings or other buildings used for commercial purposes, subject to their exercising due care and giving any pedestrian the right-of-way. Children under the age of thirteen years shall not ride or operatemust walk their bicycles upon any overhead pedestrian crossing that is signed for pedestrian use only.

Staff recommends that this provision be revised to clarify that there could be some overhead crossings that allow bicycle use, as well as allow those 50 years and over to ride on the sidewalk. Although the BPAC would like to include provisions such as those being recommended to section 9.62.040 on unsafe operation based on an Oregon statute, California law does not appear to authorize local action in this regard. Other cities in Santa Clara County appear to treat bicycles on sidewalks similarly to Sunnyvale. The presence of motor driven cycles and motor scooters makes their specific restriction prudent.

A18

10.56.150

Riders-Seat-Number

On other than a public highway, which is regulated by Vehicle Code 21204, iIt is unlawful for the operator of a bicycle to carry any other person thereon, except on a seat securely fastened to the bicycle in the rear of the operator and provided with footrests and handgrips. It is unlawful for any bicycle to be used to transport more persons at one time than the number for which it is designed and equipped. It is unlawful for any operator to ride other than upon or astride the permanent and regular seat attached to the bicycle. It is unlawful for any bicycle to be used to carry more persons at one time than the number for which it is designed and equipped.

Staff recommends that this provision remain in the code because of its relation to bicycles riding in places other than a public highway.

A19

10.56.170

Stunt riding prohibited

It is unlawful for any person riding or operating a bicycle to perform or attempt to perform any acrobatic or stunt riding upon any street or highway or other public place. This section is not meant to prohibit stunt riding as part of officially sanctioned events, or places clearly posting stunt riding as appropriate.

Staff recommends clarifying this regulation to assure that it is not meant to prohibit stunt riding as part of officially sanctioned events, or places clearly posting stunt riding as appropriate.

A20

10.56.180

Emerging from alley or driveway

The operator of a bicycle emerging from an alley, driveway or building, upon approaching the sidewalk area extending across any alley or driveway, shall yield the right-of-way to all pedestrians approaching on the sidewalk or sidewalk area, and upon entering the roadway shall yield the right-of-way to all vehicles approaching on the roadway close enough to constitute a hazard.

Staff recommends that this provision be deleted based on the fact that it is covered under CVC 21200.

A21

10.56.210

Group Riding

It is unlawful for any persons operating bicycles upon a roadway to ride more than two abreast.

Staff recommends deleting this regulation. Staff believes that there is no reason to prohibit riding abreast of another bicyclist since the rules on passing require bicyclists to move right to permit overtaking and that slow moving vehicles must keep as far to the right as practical if going slower than other traffic.

A22

10.56.230

Parking zones

When the city traffic engineer determines that the establishment of a bicycle parking zone is reasonably necessary or desirable for the regulation of traffic or to provide facilities for the temporary parking of bicycles being operated upon the public streets, or to safeguard life or property, the city traffic engineer is authorized to set aside a space on the street not more than thirty-six feet in length for the parking of bicycles during such hours of such days as are found to be best suited for the accomplishment of the purposes set forth in this section. When a bicycle parking zone is so established, the city traffic engineer shall cause appropriate signs to be posted during such hours, giving notice that parking of other vehicles is prohibited. It is unlawful for any person to stop, stand or park any other vehicle in front of such zone while such signs are in place.

Staff recommends deleting the regulation that requires that bicycle parking zones be not more than thirty six feet in length.

A23

10.56.240

Obedience to traffic control devices

Whenever authorized signs are erected indicating that no right or left or U-turn is permitted, iIt is unlawful for any pedestrian or person operating a bicycle to disobey the directions of any such signapplicable traffic control device on public or private property unless otherwise directed by a public safety officer or unless it is unsafe to do so at the time., except when such person dismounts from the bicycle to make any such turn, in which event such person shall then obey the regulations applicable to pedestrians A pedestrian walking a bicycle has all the rights and is subject to all of the provisions applicable to pedestrians..

Staff recommends that this regulation be revised to state that pedestrians and bicyclists must obey the directions of all traffic control devices which are relevant to pedestrians or bicyclists, unless otherwise officially directed or particular circumstances makes it unsafe to do so. The current regulation as written only specifies that signs indicating no right, left, or U turn must be obeyed by bicycles unless the bicyclists dismounts. This revision clarifies that the regulation applies to all traffic control devices.

A24

10.56.250

Riding on school grounds and playgrounds

It is unlawful for any person to ride or operate a bicycle in a reckless or irresponsible manner upon any playground or school ground where children are playingpresent., without permission from the person having supervision thereof.

Staff recommends that this regulation be revised to state that it is unlawful to operate a bicycle in a reckless or irresponsible manner upon a playground or school ground where children are present. The current regulation requires a bicyclists to attain permission from a supervisor however, it never mentions that it is unlawful for a person to operate a bicycle in an unsafe or dangerous manner. Staff does not believe that this is a strong enough regulation to prevent and regulate reckless bicycling behavior on school property. Staff believes that the proposed revision strengthens the ordinance.

A25

10.56.260

Bicycle lanes, routes, and bikeways established

The city council by resolution or motion may establish bicycle lanes and routes along designated streets or portions of streets. The city council by resolution or motion may establish bicycle paths in the interest of providing transportation, recreation and developing open space programs. The city council by resolution or motion may establish bikeways as defined in the Streets and Highways Code as the same exist or may be amended hereafter. Any person operating a bicycle along a bicycle route or Class III bikeway as defined in the Streets and Highways Code shall be subject to all of the rights and duties applicable to the operators of motor vehicles generally along the streets or portions of streets so designated, such designation being intended only to inform the operators of bicycles that such streets or portions of streets afford an expeditious route of travel by bicycle, and to alert the operators of motor vehicles of the likelihood of a higher incidence of bicycle traffic where the roadway is so marked.

Include transportation as a reason to establish bicycle paths.

A26

10.56.280

Bicycle paths -class II bikeways - use required and restricted

(b) To operate any vehicle other than a bicycle along and within a bicycle lane or bikeway, except for the purpose of making a legal turning maneuver.

This code duplicates CVC 21208 and 21209

A27

10.56.285

Bicycle Paths -Class I bikeways - use required and restricted

(e) To operate a bicycle at all times in any manner other than with reasonable regard to the safety of all others, which shall include but not be limited to signaling all turns; passing to the left of any bicycle, authorized vehicle, or pedestrian being overtaken; and passing to the right of any oncoming bicycle, authorized vehicle or pedestrian being met.

Make consistent with 9.62.040, and clarifies locational issues.

A28

10.56.310

Violation - Infraction

Any person violating a provision of this chapter pertaining to licensing shall be subject to the maximum fine allowed under Vehicle Code section 3911. Any person violating any of the provisions set forth in this chapter pertaining to the operation of a bicycle or any provision of a resolution establishing a bicycle path, lane or bikeway authorized by this chapter shall be guilty of an infraction and upon conviction thereof shall be punished as set forth in Chapter 1.04 of this code.

A29

13.16.100

Public Nuisance

…

Add the word "bicycle" to section (e). 

A30

At the February 20, 2002 BPAC meeting, a member of the public suggested the addition of a Municipal Code section regarding the operation of electric mobility devices, like the new "Segway" device, on the sidewalk. Staff believes further experience with and research on the use of these devices is necessary before it would be appropriate for Sunnyvale to adopt such a prohibition.