HomeMy WebLinkAboutASRBAC20240520BICYCLE ADVISORY COMMISSION
STAFF REPORT 6,1
TO: Bicycle Advisory Commission May 20, 2024
SUBJECT: Review and Comment on the proposed establishment of a Town of
Danville Municipal Ordinance prohibiting the use of bicycles, e-bicycles,
scooters, and e-scooters on sidewalks in the Downtown Danville Business
District
BACKGROUND
With the growing popularity and presence of e-bicycles and e-scooters, there has been an
increase in activity and reported concerns of riders utilizing sidewalks throughout the
Town, particularly in the Downtown Danville business district. Town staff is frequently
asked by the public for clarification on current laws pertaining to the general use of e-
bicycles and e-scooters, and more specifically, the use of these devices as well as
conventional bicycles on sidewalks. State of California Vehicle Code ("CVC") Section
21235(g) explicitly prohibits the use of e-scooters on all sidewalks while CVC Section 21206
establishes that bicycle use on sidewalks is to be regulated by local ordinance.
DISCUSSION
In conjunction with the observations and increase in complaints reported by the Danville
Police Department regarding the use of bicycles on scooters and sidewalks, and per
discussions with the Town Council on the matter during the development of the
Downtown Master Plan Catalyst Project, the Towns City Attorney proceeded to prepare a
Memorandum to summarize and clarify current CVC regulations and Town ordinances on
the subject (Attachment A). While motorized scooters are explicitly prohibited on
sidewalks per the CVC, the CVC and Town Municipal Code do not currently prescribe
regulations or prohibitions for the use of bicycles and e-bicycles on sidewalks. Town
Municipal Code Section 4-18 prohibits unlawful use of skateboards in the downtown
business district but does not refer to any other types of devices (Attachment B).
With increasing complaints reported from residents, merchants, and property owners in
the Downtown area regarding the use of bicycles, e-bicycles, and e-scooters on sidewalks,
it has been increasingly challenging for the Police Department to enforce to maintain public
safety. It is recommended that, per CVC Section 21206, the Town consider adopting an
ordinance regulating or prohibiting the use of bicycles and e-bicycles on sidewalks
specifically within the Downtown business district (Attachment C), and where there is the
highest concentration of pedestrian activity.
As described, prohibition of e-scooters on sidewalks is established in the CVC, however,
the inclusion of e-scooter prohibitions as part of a local ordinance would provide further
clarity on the regulation or prohibition of all devices on sidewalks in the Downtown.
It is to be noted that while the Iron Horse Trail traverses through the Downtown business
district, the facility falls under the jurisdiction of the East Bay Regional Parks District, thus
any Town ordinances regulating or prohibiting the use of bicycles, e-bicycles, and e-
scooters on sidewalks would not apply along the trail corridor.
Next Steps
Based on feedback and direction from the Bicycle Advisory Commission, a draft ordinance
would be prepared and forwarded to the Town Council for discussion at a future Study
Session. Ultimately, the establishment of an ordinance would require adoption by the
Town Council through a public hearing.
RECOMMENDATION
Review and Comment on the proposed establishment of a Town of Danville Municipal
Ordinance prohibiting the use of bicycles, e-bicycles, scooters, and e-scooters on sidewalks
in the Downtown Danville business district.
Prepared by:
Adam Cleary
Transportation Manager
Reviewed by:
�f
Diane J. riedmann
Attachments: A - Memorandum on Bicycles and Scooters on Sidewalks, prepared by
Town of Danville City Attorney
B - Town of Danville Municipal Code Section. 4-18
C - Map of Downtown Danville Business District
D - Commissioner Feedback
"Small Town Atmosphere
Outstanding Quality of Life"
FROM: City Attorney
TO: Town Council
CC: Joe Calabrigo, Tai Williams, Diane Friedmann, Andy Dillard
DATE: March 23, 2023
RE: Bikes and Scooters on Sidewalks
During the Council's discussions of the Downtown Master Plan, the question has been
raised about the legality of bikes and/or scooters (electric or not) riding on sidewalks.
The following is a summary of state law, our existing Municipal Code and examples of
what other cities have done.
State Law
The Vehicle Code does not prohibit riding a bicycle on a public sidewalk, although the
Attorney General has opined that doing so does not remove the obligation of the bicyclist
to obey all traffic laws as if they were riding on the street. (Note that as of now, for
purposes of riding on a sidewalk, the Vehicle Code does not distinguish between bikes
and e-bikes). Vehicle Code Section 21206 does allow cities to adopt ordinances regulating
(including prohibiting) riding bicycles on sidewalks. I have included examples of such
regulation later in this memo.
With regard to motorized scooters (which includes the Bird and similar e-scooters),
Vehicle Code Section 21235(g) prohibits their use on a sidewalk. Based on that, there is
no further discussion of scooters in this memo.
Danville Municipal Code
The Town currently has no ordinances regarding bike usage outside of our parks. We do
have an ordinance (Municipal Code Section 4-18.2) that prohibits skateboarding that
impedes pedestrians or causes property damage, but it is not an outright ban.
Ordinances from other Cities
As explained above, the Vehicle Code gives cities broad authority to regulate or ban
bicycles on sidewalks. I am including a couple of examples from nearby cities to illustrate
different approaches to regulating.
510 LA GONDA WAY, DANVILLE, CALIFORNIA 94526
Administration Building Engineering & Planning Transportation Maintenance Police Parks and Recreation
(925)314-3388 (925)314-3330 (925)314-3310 (925)314-3310 (925)314-3450 (925)314-3700 (925)314-3400
ATTACHMENT A
March 23, 2023
Page 2
Walnut Creek has adopted the following ordinance:
"a. No person other than City employees or City volunteers acting within the
scope of their employment or volunteer activities on behalf of the City shall ride
or operate a bicycle on any sidewalk in the City except as permitted in this section.
b. Juveniles under the age of sixteen years may ride and operate their bicycles
upon the sidewalk, except such sidewalks as are in front of stores or buildings
used for business purposes...
c. Any person may ride or operate a bicycle on sidewalks designated as bicycle
paths by the City Transportation Engineer, provided such bicycle is operated in
the same direction of travel as vehicles traveling upon the roadway, except when
such bicycle path is designated otherwise..."
Pleasant Hill has adopted the following restrictions:
"No person shall ride a bicycle:
a. On a sidewalk or walkway within any of the following land use districts, when signs
have been posted as described in subsection C.3 of this section:
i. The retail business land use district;
ii. The downtown area as defined in the Downtown Specific Plan;
iii. The neighborhood business district;
iv. The retail area of any mixed use district; or
v. The retail area of any planned unit district (PUD)."
These two represent the most common approaches -prohibit all cyclists on sidewalks in
business districts (Pleasant Hill) or prohibit throughout the city except for kids and where
it is specifically designated as permitted.
Should the Council wish to address this in advance of the upcoming construction of the
new downtown improvements, we can place the matter on an upcoming study session
or it could be referred to the Bicycle Advisory Commission.
4-18 SKATEBOARDS.
4-18.1 Definitions.
Generally, unless otherwise specifically provided or required by the context, the following terms have the indicated
meaning in this section.
Motorized skateboard shall mean the same as a skateboard in all respects except that it is designed to be or can be self-
propelled by motorized power.
Rollerblades shall mean any footwear or device which may be attached to the foot or footwear to which wheels are
attached and such wheels may be used by the wearer in moving. The definition of these terms shall include a single
rollerblade, or parts thereof, used by the wearer in moving.
Skateboard shall mean a device or conveyance with any number of wheels, with a riding surface, of any design, or of any
material, upon which a person may place one or more feet, and which is designed to be, or can be propelled by human
power, and which is not classified as a bicycle. (Ord. #94-13, §2)
4-18.2 Prohibited Activity.
It is unlawful for any person to ride, or be propelled upon a skateboard, or rollerblade, where such activity of the individual
impedes pedestrian or traffic flow, or creates a hazardous situation to the user or citizenry, or causes property damage,
upon certain highways, sidewalks, roadways, public property, parking lots or upon private property used for public purposes
within any business district, or in or on public rights -of -way as defined by California Vehicle Code section 235, in the Town
of Danville. (Ord. #94-13, §2)
4-18.3 Enforcement — Penalty.
a. The Danville Police Department will respond to complaints initiated by a business owner, proprietor of the property or
person(s) in charge of the property of violation of Town of Danville Ordinance 94-13 (Code Section 4-18).
b. If the violator is under eighteen (18) years of age, the officer will issue the juvenile a citation to appear with a parent or
guardian at the Danville Juvenile Diversion Program.
c. If the violator is over eighteen (18) years of age, the officer will issue the individual a citation for violation of the Town
Ordinance No. 94-13 Regulating the Use of Skateboard/ Rollerblades in or on Public Rights of Way/Public Parking Lots
(Code Section 4-18).
d. Violation of this section within a six (6) month period is an infraction punishable by the following:
1. A fine not exceeding twenty ($20.00) dollars for first violation within a six (6) month period.
2. A fine not exceeding one hundred ($100.00) dollars for a second violation for same section within a six (6) month
period.
3. A fine not exceeding two hundred fifty ($250.00) dollars for a third violation for same section within a six (6) month
period.
e. The fourth violation of this section within a six (6) month period is a misdemeanor. The violator will be issued a citation
and referred to appropriate court for processing.
(Ord. #94-13, §2)
4-18.4 Appeals.
Any person aggrieved by any action or determination of the Police Chief under this section may appeal such action or
determination to the Town Manager or his/her designee as provided for in the Municipal Code. (Ord. #94-13, §2)
ATTACHMENT S
ATTACHMENT C
From: Andrew Dillard <ADillard(@danville.ca.gov>
Sent: Monday, March 25, 2024 3:10 PM
To: Bruce Bilodeau <bbilodeauPdanville.ca.gov>
Cc: Diane Friedmann <DFriedmannPdanville.ca.gov>; Rob Ewing <REwingPdanville.ca.gov>; Adam
Cleary <aclearyPdanville.ca.gov>; Edwin Martinez <emartinez(@danville.ca.gov>
Subject: RE: Questions for Agenda Items
Hi Bruce,
Thanks for your thoughtful questions. Sorry the meeting had to be cancelled tonight due
to lack of quorum, but also will provide some time for further thought ahead of future
discussions on this item. Also, just to re-emphasize that the purpose of this item tonight
was a discussion item to get the Commission's input, but ultimately would require
public hearing to become an ordinance and, where by that point in the process, these
and any other questions/input would have been vetted.
After conferring with staff, here are our thoughts on your questions:
By "sidewalks" do we mean only areas designated for pedestrian traffic along
roadways, or does it include plazas and pedestrian areas adjacent to parking lots?
Answer: Would provide specificity to "sidewalks" by referencing the CVC
definition of sidewalks, specifically section 555 that states "that portion of a
highway, other than the roadway, set apart by curbs, barriers, markings or other
delineation for pedestrian travel." Further, it should provide further clarity to
reference plazas/pedestrian areas but exclude other non -roadways such as
parking lots.
0 How will the areas of highest concentration of pedestrian activity be defined? By
ATTACHMENT D
surveyor observation and by whom?
Answer: The entire Downtown Business District (or "DBD") is considered a high -
pedestrian area and would not be subject to pedestrian volume counts or
thresholds.
Because the State of California doesn't distinguish between bicycles and e-
bicycles, will the Town be able to make this distinction in the ordinance?
Answer: Bicycles and e-bicycles would be treated the same as part of a
prohibition as mixing either with pedestrians on sidewalks is a potential safety
hazard.
• If a young family were to ride through the downtown area, would adults have to ride
on the street while their children ride on the sidewalk, or would all have to ride on
the street? If all have to ride on the street or in parking lots where there is a lot of
car traffic, what bicycle facilities are being considered to enhance their safety?
Answer: It is the purpose to not allow any bikes to be ridden on sidewalks in the
defined business district, and as any type of bike or age of rider can create safety
hazards for pedestrians. Children could be allowed to ride on sidewalks in areas
not designated as a business district, and whether the business district is defined
by the Town or as explicitly described in CVC sections 235 and 240 (more on that
below).
• River Rock Lane (north of Hartz Way) and Hartley Dr/Ashley Cir (north of the
Bowling Alley) are primarily residential. Why include those areas in the ban?
Answer: There are a few options for the consideration of including or excluding
specific areas with the Town's defined DBD (per the attached map). It could be
done by 1) calling out streets by name, 2) excluding certain streets by name or 3)
specifically refer to the CVC definition of a business district which states "A
`business district' is that portion of a highway and the property contiguous thereto
(a) upon one side of which highway, for a distance of 600 feet, 50 percent or more
of the contiguous property fronting thereon is occupied by buildings in use for
business, or (b) upon both sides of which highway, collectively, for a distance of
300 feet, 50 percent or more of the contiguous property fronting thereon is so
occupied. A business district may be longer than the distances specified in this
section if the above ratio of buildings in use for business to the length of the
highwayexists." In all cases, perthe CVC a street or area needs to be posted
with signage for it to be enforceable.
We'll discuss more internally where/when this moves forward from here. Our next BAC
meeting is not until May, but this has been identified as a recurring issue where staff is
frequently hearing from the public and business community, and we would like to assist
the Police Department with the tools and ability to maintain public safety in the
downtown.
Thanks again,
Andy
Andrew Dillard
Transportation Manager
Town of Danville Soo La Gonda Way Danville, CA 945z6
(925) 314-3384 f (925) 838-0797
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From: Bruce Bilodeau <bbilodeauPdanville.ca.gov>
Sent: Sunday, March 24, 2024 10:17 PM
To: Andrew Dillard <ADillardPdanville.ca.gov>
Cc: Diane Friedmann <DFriedmannPdanville.ca.gov>
Subject: Questions for Agenda Items
Andy,
Thanks for the summary of the agenda items. I wanted to send you the questions that
came to my mind so you have some time to think about them before the meeting
tomorrow.
Item 5.1, the proposed ordinance banning bike and scooters from downtown sidewalks.
• By "sidewalks" do we mean only areas designated for pedestrian traffic along
roadways, or does it include plazas and pedestrian areas adjacent to parking lots?
• How will the areas of highest concentration of pedestrian activity be defined? By
survey or observation and by whom?
• Because the State of California doesn't distinguish between bicycles and e-
bicycles, will the Town be all to make this distinction in the ordinance?
• If a young family were to ride through the downtown area, would adults have to ride
on the street while their children ride on the sidewalk, or would all have to ride on
the street? If all have to ride on the street or in parking lots where there is a lot of
car traffic, what bicycle facilities are being considered to enhance their safety?
• River Rock Lane (north of Hartz Way) and Hartley Dr/Ashley Cir (north of the
Bowling Al are primarily residential. Why include those areas in the ban?
I'm sure this item will bring up some questions and opinions among the commissioners
and perhaps the public. I'm looking forward to the meeting.
Bruce