17. Bicycles in city parks
OFFICE OF THE CITY ATIORNEY
, 20410 Town Center Lane, Suite 210
Cupertino, CA 95014-3255
Telephone: (408) 777-3403
FAX: ,.(408) 777-3401
CITY OF
CUPEIUINO
Charles T, Kilian, City Attorney
Eileen H, Murray, Assistant City Attorney
November 6. 2007
Honorable Mayor and Members
of the City Council
City of Cupertino
1 0300 Torre Avenue
Cupertino, CA 95014
Re: Orpinance Related to Bicycle Riding in City Parks
Dear Mayor and Councilmembers:
As you may recall, a resident raised the issue of whether bicycle riding
was permitted or prohibited on paved pathways in city parks. Attached is a legal
memorandum directed to the Director of Parks and Recreation regarding the
subject. It appears to have been the general city practice to allow bicycles on
paved paths; however Section 13.04.050 (H) of the city's Park Ordinance is
unclear on the point. Currently, Section 13.04.150 (H) reads that no person in a
city park shall:
H. Ride a bicycle on other than a paved road or path
desianated for that purpose. A bicyclist shall be permitted to wheel or
push a bicycle by hand over any grassy area or wooded trail, or on any
paved area reserved for pedestrian use.
The above language appears to provide that paved paths available for
bicycle use must be "designated for that purpose." The only practical way of
designating a particular pathway for bicycle use is the posting of signs which
would involve a significant amount of unneCessary expense. If the council
wishes to continue to allow bicycle riding on paved pathways in city parks,
Section 13.04.150 (H) needs to be amended. Attached is a proposed amended
ordinance which allows bicycle riding on all paved pathways in city parks except
where specifically prohibited through posted signage, I recommend that the
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Printed on Recycled Paper
The Honorable Mayor and
Members of the City Council
November 6~ 2007
Page 2
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council either consider adopting this ordinance or referring'the matter to the
Parks Commission for further input.
I will be happy to answer questions you may have at the next council
meeting.
Charles T. Kilian
City Attorney
CTKldjb
Ene.
cc: Dave Knapp
Therese Smith
Kim Smith (Kim, please place on the next council agenda)
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TO:
Therese Smith
FROM:
Charles T. Kilian
RE:
Bicycles on Paved Paths in City Parks
DATE:
October 29, 2001
MEMO
Therese,
Mayor Wang requested clarification of the City's Code provisions regarding the
riding of bicycles on paved pathways within City parks. A resident, Cheng-lung Chen, has
raised the issue in a series of e-mails. Both Therese Smith and Gary Komahrens have
responded. The specific questions raised by Mr. Chen are as follows:
.
1) The City's ordinance code (Section 13.04.150 A) provides that the
California Vehicle Code applies to City parks. Under relevant provisions of the Vehicle
Code, bicycles are generally prohibited on sidewalks adjacent to public streets,
Opinion: I agree with Gary Komahrens that the Vehicle Code was intended to be
applied to what would otherwise be considered private streets and adjacent sidewalks
serving the City's parks. The Vehicle Code was never intended to be applicable to internal
paved paths within parks themselves. Use of bicycles on internal paved park paths is
governed by Section 13.04.150 H-L of the City's ordinance code.
2) Section 13.04,150 (H) prohibits the riding of bicycles "on other than a
paved path or path designated for that purpose". Furthermore, a bicyclist "shall be
permitted to wheel or push a bicycle by hand over any grassy area or wooded trail, or any
paved area reserved for pedestrian use." From these provisions, Mr. Chen concludes that
unless a paved path is specifically designated as available for bicycles, they should be
prohibited. Staff has disagreed stating that all paved paths within City parks should be
shared by both bicyclists and pedestrians.
Opinion: Section 13.04.150 (H) is at best unclear. The language appears to
provide that paved paths available for bicycle use must be "designated for that purpose." I
suggest that the Parks Commission consider resolving the issue by recommending to the
City Council a modification to Section 13.04.150 (H) to provide that bicycles be allowed
1
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on all paved paths in city parks except where specifically prohibited by posted signs or, in
the alternative, prohibit bicycles on all paved paths except where specifically allowed by
posted signs. It appears to have been the general city practice to allow bicycles on paved
paths; however, I suggest that if the City wishes to continue the practice, the first
alternative above-described should be adopted by the City Council.
If you have any questions, please contact me.
cc: Mayor Kris Wang and Council members
Dave Knapp
Eileen Murray
Gary Komahrens
Alex Wykoff
Jeff Trybus
Gulu Sakhrani
Bob Rizzo
2
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DRAFT
ORDINANCE NO. 07-2014
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CUPERTINO AMENDING SECTION 13.04.150 (H) OF
THE CITY ORDINANCE CODE RELATED TO USE OF
BICYCLES IN CITY PARKS
THE.CITY COUNCIL OF THE CITY OF CUPERTINO DOES HEREBY ORDAIN
THAT SECTION 13,04.150 (H) OF THE CUPERTINO MUNICIPAL CODE IS AMENDED
TO READ AS FOLLOWS:
13.04.150 (H) Vehicle ReQuirements
No person in the park shall do any ofthe following:
H. Ride a bicycle on other than a paved road or path. Notwithstanding the foregoing, no
person may ride a bicycle on a paved road or path where such activity is prohibited by
posted signage. A bicyclist may wheel or push a bicycle by hand over any grassy area,
wooded trail, or over any other area in which bicycle riding is otherwise prohibited,
Publication Clause
The City Clerk shall cause this ordinance to be published at least once in a newspaper of
general circulation published and circulated in the City within 15 days after its adoption, in
accordance with Government Code Section 36933, shall certify to the adoption ofthis ordinance
and shall cause this ordinance and her certification, together with proof of publication, to be
entered in the Book of Ordinances of the Council of this City.
IN1RODUCED at a regular adjourned meeting ofthe City Council of the City of
Cupertino the 20th of November, 2007 and ENACTED at a regular meeting of the City Council
of the City of Cupertino the of 2007, by the following vote:
PASSED:
Vote:
Ayes:
Noes:
Absent:
Abstain:
Members of the City Council
A TrEST:
APPROVED:
City Clerk
Mayor
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