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AGENDA BILL Agenda Item No. 7(B) Date: March 4, 2014 To: El Cerrito City Council From: Sylvia M. Moir, Chief of Police Subject: Amend El Cerrito Municipal Code Chapter 11.64 - Bicycles Introduce by title, waive any further reading and approve an ordinance amending specified sections and repealing other sections contained within El Cerrito Municipal Code Chapter 11.64. BACKGROUND The City has a history of supporting bicycling as both a means of transportation and recreation and of encouraging community input and interaction as we introduce and approve ordinances that are considered for inclusion into our El Cerrito municipal Code. Through the community input received during various planning efforts, staff recognized the need to update Title 11 Chapter 11.64 of the El Cerrito Municipal Code relative to bicycles to assure that the code provided clear and consistent policies. When the initially proposed ordinance amendments were presented to council in November 2013, a community concern was raised regarding the changes. Because the resident did not raise the concerns until the ordinance was on the council calendar, the chief of police decided to suspend the proposed changes until the community member and the chief of police could meet to discuss the changes. The proposed El Cerrito Municipal Code amendments included in the attached ordinance reflect new language that consider the community concerns while still enhancing safety and eliminating sections that are obsolete or otherwise appropriately governed by state law. This ordinance reflects the outcome of respectful and open dialogue between the community and the police department with safety in mind. ANALYSIS The proposed text amendments to Chapter 11.64 of the El Cerrito Municipal Code are mostly the same as those that the City Council considered at the public meeting in November 2013. In response to the concerns raised by the public at that meeting changes have been made to proposed paragraphs A and E of section 11.64.040. November 2013 Ordinance A. Riding on Sidewalks. No person shall ride or operate a bicycle on any sidewalk in the city except as herein specifically permitted. ---PAGE BREAK--- Agenda Item No. 7(8) Revised Ordinance A. No person shall ride or operate a bicycle on any sidewalk in the city except as herein specifically permitted and peace officers who determine in good faith that riding or operating a bicycle on the sidewalk is necessary to perform official duties and juveniles as specifically permitted herein. November 2013 Ordinance E. Trick Riding. No person riding or operating a bicycle, moped, coaster, roller skates, sled, skateboard, toy vehicle, or shall perform or attempt to perform any acrobatic, fancy or stunt riding upon any public higlri'lU)' or street in the city. right-of-way, or upon any space, land, property or facilities owned or controlled by the city of El Cerrito. Revised Ordinance E. Trick Riding. No person riding or operating a bicycle, moped, coaster, roller skates, sled, skateboard, toy vehicle, or shall perform or attempt acrobatic, fancy or stunt riding, wherein such action creates a dangerous situation to the rider, pedestrians or motor vehicles, upon any public highway or street in the city. right-of-way, space, land, property or facilities owned or controlled by the city of El Cerrito. The foregoing prohibition shall not apply to city parks, open space, greenways and areas designated specifically to accommodate cycling and riding activities, such as designated skateparks, bikeparks and cross- country mountain bike trails, unless such venues are being used for special events that prohibit trick riding, because a large gathering of pedestrians or vehicular traffic is present, thus creating a dangerous situation. This ordinance is not a "project" within the meaning of section 15378 of the State CEQA Guidelines, because it has no potential for resulting in a direct or reasonably foreseeable indirect physical change in the environment. LEGAL CONSIDERATIONS The amendments have been reviewed by the city attorney who agrees that the changes are appropriate in form. Scott Hanin, City Manager Attachment: 1. Ordinance Page 2 ---PAGE BREAK--- Agenda Item No. 5(B) Attachment 1 1 ORDINANCE 2014-XX AN ORDINANCE OF THE CITY OF EL CERRITO AMENDING EL CERRITO MUNICIPAL CODE CHAPTER 11.64, BICYCLES THE CITY COUNCIL OF THE CITY OF EL CERRITO DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. AMENDMENT AND RENUMBERING OF SPECIFIED SECTIONS OF CHAPTER 11.64 OF THE EL CERRITO MUNICIPAL CODE Sections 11.64.090 and 11.64.180 of Chapter 11.64 of the El Cerrito Municipal Code are hereby amended and re-numbered to read as follows (deletions indicated by strikeout and additions indicated by underline. Existing text is unmarked): Section 11.64.090 Equipment prerequisite to license issuance. Section 11.64.020 Required equipment Every person desiring a bicycle license must comply with the requirements of the Vehicle Code as to equipment, and with the following requirements as to safe mechanical condition: Every person operating a bicycle upon a public right-of-way or upon park or open space lands owned and/or controlled by the city of El Cerrito shall maintain a bicycle in a safe mechanical condition and in accordance with the California Vehicle Code, including but not limited to the following requirements and prohibitions: A. Sirens and Whistles. It is unlawful to equip a bicycle with a siren or whistle except for bicycles used by members of the El Cerrito Police Department or other authorized sworn peace officer in the course and scope of employment. B. Handlebar Grips. Every bicycle that is equipped with handlebar grips must have the grips securely fastened, glued or cemented to the handlebars. C. Reflectors. Every bicycle shall be equipped with a reflector, pedal reflector, reflex reflector or reflectorized tire. Section 11.64.180 040 Rules of the road—Accident reports. It is unlawful for any person to ride or operate a bicycle in the city in violation of any of the rules of the road as defined in the California Vehicle Code and set forth in this section as follows: A. Riding on Sidewalks. No person shall ride or operate a bicycle on any sidewalk in the city except as herein specifically permitted and peace officers who determine in good faith that riding or operating a bicycle on the sidewalk is necessary to ---PAGE BREAK--- Agenda Item No. 5(B) Attachment 1 2 perform official duties and juveniles as specifically permitted herein. B. Juveniles Riding on Sidewalks. Juveniles under the age of eighteen sixteen years exercising due care may ride and operate their bicycles upon the sidewalk, except such sidewalks as are in front of stores or other buildings used for business purposes. C. Riding in a Group. Persons riding or operating bicycles in the city shall not ride more than two abreast except on paths or parts of a roadway set aside for the exclusive use of bicycles. Persons riding bicycles on the sidewalk or upon a portion of the roadway not set aside for the exclusive use of bicycles shall do so in single file. D.C. Carrying Children. No person shall carry any child between the ages of 1 to 4, or weighing 40 pounds or less, anywhere on a single-passenger bicycle except in a baby seat attached to the bike or in a manufactured bicycle trailer designed or intended for the use of carrying passengers. The child must be able to sit upright in the seat or trailer and must be held in the seat by a harness or seat belt. Passengers. No person riding or operating a bicycle in the city shall carry another person on the bicycle unless such person or passenger is seated upon an individual seat or carrier separate from that used by the operator. No person shall ride upon a bicycle as a passenger unless he is seated upon an individual seat or carrier separate from that used by the operator. E.D Towing. No person riding or operating a bicycle in the city shall tow any other vehicle or person, moped, sled, toy vehicle, or any other similar human-powered or motor-powered device including a skateboard and rider, upon a public right-of-way or upon park or open space lands owned and/or controlled by the city, except for manufactured bicycle trailers being used for their intended purpose. G.E Trick Riding. No person riding or operating a bicycle, moped, coaster, roller skates, sled, skateboard, toy vehicle, or shall perform or attempt to perform any acrobatic, fancy or stunt riding wherein such action creates a dangerous situation to the rider, pedestrians or motor vehicles, upon any public highway or street in the city. right-of-way, or space, land, property or facilities owned or controlled by the city of El Cerrito. The foregoing prohibition shall not apply to city parks, open space, greenways and areas designated specifically to accommodate cycling and riding activities, such as designated skateparks, bikeparks and cross-country mountain bike trails, or whenunless such venues are being used for special events that prohibit trick riding, whereby because a large gathering of pedestrians or vehicular traffic is present, thus creating a dangerous situation. H. Parking. No person shall park any bicycle against windows or on the main- traveled portion of the sidewalk, nor in such manner as to constitute a hazard to ---PAGE BREAK--- Agenda Item No. 5(B) Attachment 1 3 pedestrians, traffic or property. Any merchant or person desiring to construct and erect bicycle racks may do so, provided the rack is not a hazard to public safety. If there is no bicycle rack or facility intended to be used for the parking of bicycles in the vicinity, bicycles may be parked on the sidewalk in an upright position parallel to and within twenty-four inches of the curb. I.F Parks, Playgrounds and Schools. No person shall ride or operate a bicycle upon any playground, park or school ground where children are playing without permission of the person having supervision thereof. J.G Turns and Stops. No person shall turn a bicycle or stop a bicycle which he is riding or operating unless such movement can be made with safety, and then only after an appropriate signal during the last fifty feet traveled by the bicycle before turning or stopping. K.H Accident Reports. The operator of any bicycle involved in an accident shall take reasonable steps to ascertain whether or not anyone was injured, and he shall give his name and address and the license number of his bicycle to the person with whom he was in collision, and he shall obtain the same information from the other person. It shall be the duty of the bicycle operator to make a written report of any accident resulting in death or injury to the police chief within twenty-four hours of such accident. SECTION 2. REPEAL OF CERTAIN SECTIONS OF CHAPTER 11.64 OF THE EL CERRITO MUNICIPAL CODE. Chapter 11.64 of the El Cerrito Municipal Code is hereby amended to repeal Sections 11.64.020, 11.64.030, 11.64.040, 11.64.070, 11.64.80, 11.64.100, 11.64.110, 11.64.120, 11.64.130, 11.64.160, 11.64.170, and 11.64.190 as indicated below: Section 11.64.020 License—Required. It is unlawful for any person to operate or use a bicycle, as defined in the Vehicle Code, upon any street in the city without first obtaining from the city a license therefor. Section 11.64.030 License—Exception for nonresident. Notwithstanding anything to the contrary contained in Section 11.64.020, any nonresident of the city may operate in the city any bicycle which is duly licensed and registered by another municipality and equipped with a city or state license plate or license indicia. A nonresident may operate a bicycle without a license plate or license indicia if that person resides in a jurisdiction that is exempt from licensing requirements. Section 11.64.040 License—Application and conditions required. Every person applying for a bicycle license shall make application to the police chief upon a form furnished by the city. Such application shall contain such information as may be ---PAGE BREAK--- Agenda Item No. 5(B) Attachment 1 4 required in Section 39005 of the Vehicle Code as to the applicant and the description of the bicycle to be licensed. No license shall be issued unless the bicycle to be licensed complies with the requirements of this chapter and the Vehicle Code as to its safe mechanical condition. Section 11.64.070 License—Fees. Every person applying for a bicycle license shall pay to the police chief a fee at the time the application is made. The fee required by this section shall be set by resolution of the council. Section 11.64.080 License—Issuance and period of validity. Upon approval of the application and payment of the license fee, the police chief shall issue a license plate or indicia and registration certificate. Each bicycle plate or indicia shall bear a unique license number which shall be permanently assigned to a bicycle. Section 11.64.100 Operation without equipment or in unsafe mechanical condition prohibited. A. It is unlawful for any person to ride or operate a bicycle in the city unless the bicycle is equipped and in safe mechanical condition as provided in Section 11.64.090 of this chapter and by the Vehicle Code. B. No bicycle shall be operated after sunset unless it is equipped with lights that are lit. C. It is unlawful to ride a bicycle as an operator or passenger without wearing a safety helmet. Section 11.64.110 License indicia and registration certificate—Issuance—Attachment and form. It shall be the duty of the police chief to cause to be attached to the bicycle frame one California State license indicia, and to issue a registration certificate to the licensee upon the payment of the license fee. The size, form and character of the license indicia shall be designated in conformity with the Vehicle Code. The registration certificate shall be designated by the police chief. Section 11.64.120 License indicia and registration certificate—Notice of loss or theft required—Duplicate issuance—Fee. In the event that any bicycle license or registration certificate issued pursuant to the provisions of this chapter is lost or stolen, the licensee shall immediately notify the police chief of such loss, and shall within ten days apply to the police chief for a new bicycle license, whereupon the police chief shall cancel such license or certificate and shall issue the licensee a new one upon payment of the fee set forth in the city's master fee schedule. Section 11.64.130 Sale or transfer of ownership—Procedures required. It shall be the duty of every person who sells or transfers ownership of any bicycle to ---PAGE BREAK--- Agenda Item No. 5(B) Attachment 1 5 report such sale or transfer by returning to the police chief the registration certificate issued to such person as licensee thereof together with the name and address of the person to whom the bicycle is sold or transferred. Such report shall be made within ten days of such sale or transfer. It shall be the duty of the purchaser or transferee of such bicycle to apply for a transfer and registration therefor within ten days of said sale or transfer. Section 11.64.160 Rental agency bicycle licensing requirements. All persons engaged in renting or lending bicycles to patrons shall first obtain a license plate and registration certificate for each bicycle so used by paying the regular license fee. License plates thus obtained by bicycle renting agencies shall not be transferred from one bicycle to another. Section 11.64.170 Destroying bicycle numbers or licenses prohibited—Identification number placement authorized. It is unlawful for any person to willingly or maliciously remove, destroy, mutilate or alter the number of any bicycle frame licensed pursuant to the provisions of this chapter. It is also unlawful for any person to remove, destroy, mutilate or alter any license plate or indicia seal or registration certificate during the time in which the license plate, indicia seal or registration certificate is valid; provided, however, that nothing in this chapter shall prohibit the police chief from stamping numbers on the frames of bicycles upon which no serial number can be found or on which the numbers are illegible or insufficient for identification purposes. Section 11.64.190 Operation prohibited as penalty for violation. Where this chapter has been violated, in lieu of a fine and in lieu of filing charges, the police chief may prohibit the operation upon the streets, alleys and public places of the city, for a period not to exceed thirty days, of a bicycle so used in such violation. In such event the bicycle so used in such violation shall be impounded by the police chief and retained during the period of operation which is prohibited. The owner's registration certificate shall be held for the same period. SECTION 3. This ordinance is not a “project” within the meaning of the California Environmental Quality Act (Public Resources Code 21000 et seq. (“CEQA,”) and 14 Cal. Code Reg. 15000 et seq. (“CEQA Guidelines). The ordinance enacts operating standards for bicycles within the City and therefore has no potential for resulting in a direct or reasonably foreseeable indirect physical change in the environment. Pursuant to CEQA section 21065 and section 15378 of the State CEQA Guidelines, no environmental review of the ordinance is required. SECTION 4. This ordinance is adopted pursuant to the procedures established by state law, and all required notices have been given, and the public hearing has been properly held and conducted. ---PAGE BREAK--- Agenda Item No. 5(B) Attachment 1 6 SECTION 5. This ordinance shall take effect and be enforced thirty days after the date of its adoption, and prior to the expiration of fifteen days from the passage thereof, the ordinance or a summary thereof shall be posted or published as may be required by law, and thereafter the same shall be in full force and effect. THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council on March 4, 2014 and passed by the following vote: AYES: NOES: ABSENT: ADOPTED AND ORDERED published at a regular meeting of the City Council held on the March 18, 2014 and passed by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: APPROVED: Janet Abelson, Mayor ATTEST: Cheryl Morse, City Clerk IN WITNESS of this action, I sign this document and affix the corporate seal of the City of El Cerrito on March 2014. Cheryl Morse, City Clerk 2243551.1