Ordinance 1420ORDINANCE V0. 1420
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTIiQ0
AMENDING CHAPTER 11.08 BICYCLES, OF THE
CUPERTINO MUNICIPAL CODE.
THE CITY COUNCIL OF THE CITY OF ~UPERTINO DOES HEREBY ORDAIN that
Chapter 11.08 is amended to read as fellows:
CHAPTER 11.08
BICYCLES
Sections:
11.08.010
11.08.011
11.08.012
11.08.013
11.08.020
11.08.030
11.08.040
11.08.050
11.08.060
11.08.061
11.08.070
11.08.080
11.08.090
11.08.100
11.08.110
11.08.120
11.08.130
11.08.140
11.08.150
11.08.160
11.08.170
11.08.180
11.08.190
11.08.200
11.08.210
11.08.220
11.08.230
11.08.240
11.08.250
11.08.260
11.08.270
Bicycle--Definitions
Motor-driven cycle
Motorized bicycle
Motorized quadricycle
Compliance required
Administrative authority
License--Issuance
License--Indicia
Registration
License indicia and registration forms--Prohibited acts
Existing licenses and registration
Sale or other disposition
Change of address
Dealers--Verification of registration
Dealers--Notification of registration
License and registration fees..
Equipment
Laws applicable to bicycle use
Operation on roadway
Riding--On pedestrian path
Hitching rides
Exemptions
Permitted movements from bicycle lanes
Walking bicycles
Riding on bicycle
Carrying articles
requirements
Motor vehicles and motorized bicycles in bicycle lanes
Impoundment
Bicycle lanes--Designated
Bicycle route--Designated
Violation--Penalty
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11.08.010 Bicycle--Definitions
"Bicycle", for the purposes of th_Ls chapter, means a device upon which
any person may ride, propelled exclus_~vely by human power through a belt,
chain, or gears having one or more whE~els.
11.08.011 Motor-driven cycle
A "motor-driven cycle" is any motorcycle, including every motor scooter,
with a motor which produces less than fifteen gross brake horsepower, and
every bicycle with motor attached. "P~otor-driven cycle" does not include
a "motorized bicycle" as defined in Section 11.08.012.
11.08.012 Motorized bicycle
A "motorized bicycle" or "moped" :Cs any two-wheeled or three-wheeled
device having fully operational pedal: for propulsion by human power, or
having no pedals if powered solely by electrical energy, and an automatic
transmission and a motor which produces less than two gross brake horsepower
and is capable of propelling the device at a maximum speed of not more than
thirty miles per hour on level groaind,
11.08.013 Motorized quadricycle
r~ "motorized quadricycle" is a four-wheeled device designed to carry
not more than two persons, including the driver, and having either an
electric motor or a moter with an automatic transmission developing less
than two gross brake horsepower and c~ipable of propelling the device at
a maximum speed of not more than thirty miles per hour on level ground.
The device shall be utilized only by ~i person who by reason of physical
disability is otherwise unable to mo~~e about as a pedestrian, or by a
senior citizen as defined is Section L3000 of the California Vehicle Code.
11.08.020 Compliance required
It is unlawful for any resident o:E the City to operate any bicycle
on any street, road, highway or other property within the jurisdiction
of the City, unless the bicycle is rea;istered and licensed as provided
in this chapter.
11.08.030 Administrative authority
There are conferred upon the City Manager those powers and duties
necessary for the administration of this chapter. In addition, there is
also conferred upon the City Manager ~:he authority and power to designate
such officers and employees of the Ci~~y, and of other cooperating public
agencies, such as either the Central :?ire District or the Sheriffs Depart-
ment, as well as private persons such as bicycle retailer, as may be
required to assist him in carrying ou~ the intent and purpose of this
chapter.
11.08.040 License--Issuance
The City Manager is authorized to issue bicycle licenses upon written
application, which license, when issued, shall entitle the licensee to
operate and use the bicycle.
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11.08.050 License--Indicia
Bicycle license indicia and registration forms, as distributed by the
State Department of Motor Vehicles, s~aall be obtained and issued by the
City Manager. Each license indicia s:zall bear a unique license number
and shall be permanently assigned to ,~ bicycle. Bicycle licenses shall
be affixed to the front of the seat tube of the bicycle frame. Bicycle
licenses shall be renewed on January 1st of the third year following
the year of registration. Renewal of a bicycle license shall be indicated
by a supplementary adhesive device affixed parallel to and above or below
the license indicia, with expiration date shown.
11.08.060 Registration
In addition, there shall be issue~3 with the bicycle indicia a registration
certificate showing the license number, the serial number of the bicycle,
the make and type of the bicycle, and the name and address of the licensee.
Records of the foregoing shall be maintained during the period of validity
of the license, or until notification that the bicycle no longer is to
be operated.
11.08.061 License indicia and registration forms--Prohibited acts
It is unlawful for any person to tamper with, destroy, mutilate or
alter any license indicia or registration certificate, or to remove, alter
or mutilate the serial number of the identifying marks of the City's
identifying symbol, on any bicycle frame licensed under the provisions
of this chapter.
11.08.070 Existing licenses and registration
Bicycle licenses which have been issued pursuant to ordinances of the
City in effect prior to January 1, 1976 shall remain valid until their
assigned expiration dates, but in no ease for a period beyond July 1, 1979.
Upon such expiration, such bicycles s'zall be licensed and registered as
provided in this chapter.
11.08.080 Sale or disposition
A. Whenever any person sells or ~~therwise disposes of a bicycle, he
shall endorse upon the registration certificate previously issued for such
bicycle a written transfer of the same, setting forth the name, address
and telephone number of the transferee, the date of transfer and the
signature of the transferor, and shall deliver the registration certificate,
so endorsed, to the City within ten d,~ys.
B. Any person who purchases or otherwise acquires possession of a
bicycle shall, within ten days of acquiring possession, apply for the
transfer of the license to his own name.
C. In the event that any license indicia or registration certificate
issued pursuant to the provisions of this chapter is lost, stolen or
mutilated, the licensee of such bicycle shall immediately notify the City
for a duplicate license indicia or re,~istration certificate. Thereupon,
the City shall issue to such licensee a replacement license indicia or
registration certificate, upon payment to the City of the appropriate fee.
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11.08.080 Sale or other disposition (continued)
D. Every license holder shall return his license indicia and registration
certificate to the City when the bicycle for which they were issued is
destroyed beyond repair.
11.08.090 Change of address
Whenever the owner of a bicycle licensed pursuant to this chapter changes
his address, he shall, within ten days;, notify the City of the old and new
address.
11.08.100 Dealers--Verification of x•egistration
Persons engaged in the business oi~ buying secondhand bicycles are
required to verify the registration afi. time of aquisition.
11.08.100 Dealers--Notification of x•egistration requirements
All persons engaged in the business of selling new or secondhand
bicycles are required to advise purche_ser of registration requirements.
11.08.120 License and registration fees
A. The fees required to be paid F~ursuant to the provisions of this
chapter are to be set by the office of~ the City Manager:
1. For each new bicycle license ~.nd registration certificate.
2. For each transfer of registration certificate.
3. For each replacement of a bicycle license of registration certificate.
4. For each bicycle license reneti~al.
B. Revenues from license fees sh~.ll be retained by the City and shall be
used for the support of this chapter.
In addition, fees collected small be used to improve bicycle safety
programs and establish facilities, including bicycle paths and lanes, within
the jurisidiction of the City. The City Council shall, from time to time,
by resolution or motion, establish the: allocation of fees collected.
11.08.130 Equipment
No person shall operate a bicycle on any roadway or other property
within the jurisdiction of the City unless it is equipped in conformance
with Section 21201 of the California Vehicle Code.
11.08.140 Laws applicable to bicycle use
Every person riding a bicycle upon a highway has all the rights and is
subject to all the provisions applicat~le to the driver of a vehicle by this
title, including, but not limited to, provisions dealing with driving under
the influence of alcoholic beverages or drugs, and by the California Vehicle
Code's Division 10 (commencing with Section 20000), Section 27400, Division
16.7 (commencing with Section 390000), Division 17 (commencing with Section
40000), except those provisions which by their very nature can have no
application.
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11.08.150 Operation on roadway
A. Any person operating a bicycle upon a roadway at a speed less than
the normal speed of traffic moving in the same direction at such time shall
ride as close as practicable to the r=Lght-hand curb or edge of the roadway,
except under any of the following situations:
1. When overtaking and passing another bicycle or vehicle proceeding
in the same direction;
2. When preparing for a left turn at an intersection or into a private
road or driveway;
3. When reasonably necessary to ~ivoid conditions (including, but not
limited to, fixed or moving objects, vehicles, bicycles, pedestrians,
animals, surface hazards or substandard width lanes) that make it unsafe
to continue along the right-hand curb or edge, subject to the provisions
of Section 21656. For purposes of th_Ls section, a "substandard width lane"
is a lane that is too narrow for a bicycle and a vehicle to travel safely
side by side within the lane.
B. Any person operating a bicyclE~ upon a roadway of a highway, which
highway carries traffic in one direct=_on only and has two or more marked
traffic lanes, may ride as near the 1<~ft-hand curb or edge of such roadway
as practicable.
11.08.160 Riding--On pedestrian path
No person shall ride, use or oper~cte a bicycle on any sidewalk or
pedestrian path within the City except: as specifically permitted in this
chapter.
11.08.170 Hitching rides
No person riding upon any motorcycle, motorized bicycle, bicycle,
coaster, roller skates, sled or tow vE~hicle shall attach the same or
herself/himself to any streetcar or vE~hicle on the roadway.
11.08.180 Exemptions
Children under the age of ten years shall be exempt from the provisions
of Section 11.08.180, provided that ttie exemption shall not apply to any
child under the age of ten years who fails to exercise, or is incapable of
exercising, due care for the rights acid safety of all others using any
sidewalk or pedestrian path, and provided further that in any event the
exemption shall not apply to the oper<<tion of bicycles on any sidewalk
or pedestrian path in front of any bu:;iness or commercial establishment.
11.08.190 Permitted movements from tricycle lanes
A. Whenever a bicycle lane has bE~en established on a roadway pursuant
to Section 21207 of the California VeYiicle Code, any person operating a
bicycle upon the roadway at a speed lE~ss than the normal speed of traffic
moving in the same direction shall ride within the bicycle lane, except
that such person may move out of the ]_ane in~any of the following situations:
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11.08.190 continued:
1. When overtaking and passing another bicycle, vehicle or pedestrian
within the lane or about to enter the lane if such overtaking and passing
cannot be done safely within the lane
2. When preparing for a left turn at an intersection or into a private
road or driveway;
3. When reasonably necessary to ]_eave the bicycle lane to avoid debris
or other hazardous conditions.
B. No person operating a bicycle shall leave a bicycle lane until the
movement can be made with reasonable ;safety, and then only after giving
an appropriate signal in the manner provided in Chapter 6 (commencing
with Section 22100) of the California Vehicle Code in the event that .any
vehicle may be affected by the movement.
11.08.200 Walking bicycles
Bicycles may be walked at any timE~, subject to all provisions of law
applicable to pedestr ians.
11.08.210 Riding on bicycles
A. No person operating a bicycle upon a highway shall ride other than
upon or astride a permanent and regul~ir seat attached thereto.
B. No operator shall allow a per:;on to ride as a passenger, and no
person shall ride as a passenger, on ~i bicycle upon a highway other than
upon or astride a separate seat attached thereto. If the passenger is a
minor weighing forty pounds of less, i:he seat shall have adequate provision
for retaining the minor in place and i-or protecting the minor from the
moving parts of the bicycle.
11.08.220 Carrying articles
No person operating a bicycle sha:Ll carry any package, bundle or article
which prevents the operator from keeping at least one hand upon the handle-
bars.
11.08.230 Motor vehicles and motorized bicycles in bicycle lanes
Whenever a bicycle lane has been established on a roadway pursuant to
Section 21207 of the California Vehic.Le Code, any person operating a
motor vehicle on such roadway shall not drive in the bicycle lane except to
park where parking is permitted, to enter or leave the highway, or to prepare
for a turn.
This section does not prohibit thf; use of a motorized bicycle in a
bicycle lane pursuant to Section 21207.5 of the California Vehicle Code,
provided that no person shall operate a motorized bicycle upon a bicycle lane
at a speed greater than is reasonable or prudent having due regard for
visibility and the traffic on, and the surface of, the bicycle lane, and
in no event in a manner which endangers the safety of bicyclists utilizing
the bicycle lane.
11.08.240 Impoundment
The City may impound and retain possession of any bicycle in violation
of the provisions of this chapter, anti may retain possession of such
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11.08.240 (continued)
bicycle until the provisions of this chapter are complied with. In addition,
a fine may be imposed for any violation of this chapter pursuant to Section
11.08.310.
11.08.250 Bicycle lanes--Designated
The City Manager, upon approval oi: the City council, is authorized to
erect or place signs upon any street in the city indicating the existence of
a bicycle lane, and otherwise regulating the location and use of vehicles and
bicycles with respect to them, so loo€; as the same are consistent with this
chapter. Before such a sign is erectE~d, the subject bicycle lane shall be
designated on such streets by an approved painting or sign, or in such other
manner as the City Manager shall dete2-mine will provide sufficient notice of
the existence of such bicycle lane. ~~tten such a painting or sign is in
place, no person shall disobey it.
DESIGNATION OF BICYCLE LANES
Description Side
Blaney From the southerly lute of Homestead Road Both
Avenue to the northerly line of Bollinger Road all
portions currently or hereafter within. the
City limits
Bollinger From the easterly Cite limits to_the easterly North
Road line of Blaney Avenue
Bubb Road From the northerly lute of Rainbow Drive
to the southerly line of Stevens Creek Blvd. Both
Homestead
Road
Kim Street
McClellan
Road
Rainbow
Drive
From the easterly Cit}~ limit to the westerly Both
City limit all portions currently or hereafter
within the City limit:;
From the southerly lute of Kirwin Lane to
the northerly line of Bollinger Road
From the easterly linE~ of Byrne Avenue to the
Stelling Road all portions currently or here-
after within the City limits
From the easterly linE~ of Stelling Road to
the westerly line of :>aratoga-Sunnyvale Rd.
Stelling From a point one hundred feet southerly of
Road Carriage Circle to thE~ southerly line of
Homestead road all portions currently or
hereafter within the City limits
Both
Both
Both
Both
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Description
Side
Stevens From the easterly line of De Anza Boulevard Both
Creek to the westerly line of Tantau Avenue all
Boulevard portions currently or hereafter within
City limits
Tantau From the northerly line of Stevens Creek Both
Road Boulevard to the southerly line of
Homestead Road
11.08.260 Bicycle route--Designated
The City Manager, upon approval of the City council, is authorized to
erect or place signs upon any street in the City indicating the existence
of a bicycle route, and otherwise regulating the location and use of
vehicles and bicycles with respect to them, so long as the same are consis-
tent with this chapter. Before such .a sign is erected, the subject bicycle
route shall be designated on such streets by an approved sign, or in such
other manner as the City Manager determines will provide sufficient notice
of the existence of such bicycle route.
DESIGNATION OF :BICYCLE ROUTE
Description Side
Bonny From the northerly line of Pepper Tree Both
Drive Lane to the southerl:~ line of Shelly
Drive
Pepper Tree From the easterly li~ze of Stelling Road Both
Lane to the easterly line of Bonny Drive
Rodrigues From the westerly li~ie of Terry Way to Both
Avenue the westerly line of Blaney Avenue
Shelly From the westerly li~ie of Bonny Drive Both
Drive to the easterly line of Terry Way
Terry From the northerly lane of Rodrigues Both
Way Avenue to the southe;~ly line of Shelly
Drive
11.08.270 Violation--Penalty
Any person who violates any of tht~ provisions of this chapter is guilty
of an infraction, and, upon conviction thereof, shall be punished as provided
in Chapter 1.12, except that no fine :Lmposed for violation of any licensing
and registration provisions of this c}iapter shall exceed five dollars.
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INTRODUCED at a regular meeting oi= the City Council of the City of
Cupertino this 18th day of May 1987 and ENACTED at a regular
meeting of the City Council of the City of Cupertino this lcr day of
June , 1987, by the following vote:
Vote Members of the City Council
AYES: Johnsen, Plungy, Rogers, Gatto
NOES: None
ABSENT: Sparks
ABSTAIN: None
ATTEST:
/s/ Dorothy Cornelius
City Clerk
APPROVED:
/s/ John Gatto
Mayor, City of Cupertino
Pro-Tempore
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