THE CITY COUNCIL OF THE CITY OF SUNNYVALE DOES ORDAIN AS FOLLOWS:

SECTION 1. CHAPTER 9.62.040 AMENDED. Chapter 9.62 of the Sunnyvale Municipal Code is hereby amended by amending Section 9.62.040 to read as follows:

9.62.040. Operation of motor vehicles and bicycles--Prohibited acts.

No person in a park shall:

(A) Operates the bicycle so as to suddenly leave a curb or other place of safety and move into the path of a vehicle that is so close as to constitute an immediate hazard;

SECTION 2. CHAPTER 10.04 AMENDED. Chapter 10.04 of the Sunnyvale Municipal Code is hereby amended by deleting Section 10.04.080.

SECTION 3. CHAPTER 10.12 AMENDED. Chapter 10.12 of the Sunnyvale Municipal Code is hereby amended by deleting Section 10.12.030 and by amending Section 10.12.080 to read:

10.12.080. Restrictions on use of freeways or expressways.

(a) 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).

(b) Any person may operate a bicycle along and upon any expressway 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.

SECTION 4. CHAPTER 10.44.010 AMENDED. Chapter 10.44 of the Sunnyvale Municipal Code is hereby amended by amending Section 10.44.010 to read:

10.44.010. Restrictions on pedestrians use of county expressways--Exceptions.

(a)-(b) [Text unchanged]

(c) If no reasonable alternative exists, any person may walk on a county expressway, so long as the person is not in the vehicular traffic lane or shoulder area unless signed otherwise. Where no sidewalk exists, a shoulder greater than 6 feet wide may serve as an emergency walkway.

SECTION 5. CHAPTER 10.52 AMENDED. Chapter 10.52 of the Sunnyvale Municipal Code is hereby amended by deleting Section 10.52.060 and amending Section 10.52.070 to read:

Pedestrians standing on a sidewalk may not impede the flow of pedestrian traffic at any place in commercially zoned areas.

SECTION 6. CHAPTER 10.56 AMENDED. Chapter 10.56 of the Sunnyvale Municipal Code is hereby amended to read:

10.56.010. Definitions

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10.56.020. Licensed required.

It is unlawful in the city of Sunnyvale for any resident to operate a bicycle as defined in the 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.

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10.56.060. License—Bicycle inspection prerequisite.

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If there is probable cause for believing that any bicycle not bearing a license or bearing a license issued by any other city 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.

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

(a) 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 except as provided herein. Children under the age of thirteen years must walk their bicycles upon any overhead pedestrian crossing that is signed for pedestrian use only.

(b) 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. Any individual regardless of age may ride a bicycle on a sidewalk if riding upon the adjacent street would place the cyclist in an unsafe situation.

10.56.150. Riders—Seats—Number.

On other than a public highway which is regulated by California Vehicle Code Section 21204, 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 astride the permanent and regular seat attached to the bicycle.

10.56.160. Speed.

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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.

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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 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.

It is unlawful for any pedestrian or person operating a bicycle to disobey the directions of any traffic control device on public or private property unless otherwise directed to do so by a public safety officer or unless it is unsafe to do so at the time. A pedestrian walking a bicycle has all the rights and is subject to all of the regulations applicable to pedestrians.

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 present. 

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.

10.56.270. Bicycle lanes, routes, paths and bikeways--Signs and markings.

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When signs and markings are in place giving notice of the existence of any bicycle path or Class I bikeway established by this chapter, it is unlawful for any person:

(a) [Text unchanged.]

(b) To operate a bicycle on the bicycle path or bikeway other than safely when passing pedestrians or bicyclists . This requirement does not prohibit a bicyclist from choosing to operate on a roadway when a Class 1 bikeway is available.

(c) To operate a bicycle other than in a manner consistent with Section 9.62.040(h);

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(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.

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10.56.290. Provisions requiring CalTrans approval---Withdrawal of approval.

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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 California Vehicle Code Section 39011. 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.

SECTION 7. CHAPTER 13.16 AMENDED. Chapter 13.16 of the Sunnyvale Municipal Code is hereby amended by amending Section 13.16.100 to read:

13.16.100. Public nuisance.

The following are hereby declared public nuisances:

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(e) The existence of any branches or foliage on private property which interferes with the visibility on, or free use of, or access to, any portion of any street improved for vehicular, bicycle or pedestrian travel;

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SECTION 8. EXEMPTION FROM CEQA. The City Council finds, pursuant to Title 14 of the California Code of Regulations, Section 15061(b)(3), that this ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) in that it is not a Project which has the potential for causing a significant effect on the environment.

SECTION 9. EFFECTIVE DATE. This ordinance shall be in full force and effect thirty (30) days from and after the date of its adoption.

SECTION 10. POSTING AND PUBLICATION. The City Clerk is directed to cause copies of this ordinance to be posted in three (3) prominent places in the City of Sunnyvale and to cause publication once in an adjudicated newspaper of general circulation in the City of Sunnyvale, of a notice setting forth the date of adoption, the title of this ordinance, and a list of places where copies of this ordinance are posted, within fifteen (15) days after adoption of this ordinance.

Introduced at a regular meeting of the City Council held April 1, 2003, and adopted as an ordinance of the City of Sunnyvale at a regular meeting of the City Council held on _____________________, 2003, by the following vote:

(SEAL)