HomeMy WebLinkAbout061124-03.2STUDY SESSION MEMORANDUM 3.2
TO: Mayor and Town Council June 11, 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(8) 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 and scooters on 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 using 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).
There have been an increasing number of complaints reported from residents, merchants,
and property owners in the Downtown area regarding the use of bicycles, e -bicycles, and
e -scooters on sidewalks. Enforcing public safety in relation to this issue has been
increasingly challenging for the Police Department. It is recommended that, per CVC
Section 21206, the Town should 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 in areas with the highest concentration of pedestrian activity.
During the May 20, 2024 Bicycle Advisory Commission meeting, staff presented an
overview of the proposed ordinance to the Commissioners for comments and approval.
After discussion and public comment, the Commission voted unanimously to recommend
that the Town Council adopt an ordinance prohibiting all bikes and scooters on sidewalks
in the Downtown Business District.
As described, the 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.
RECOMMENDATION
Review and Comment on the proposed establishment of a Town of Danville Municipal
Ordinance (Attachment D) prohibiting the use of bicycles, e -bicycles, scooters, and e -
scooters on sidewalks in the Downtown Danville business district.
Prepared by:
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Diane J. Friedmann
Development Services Director
Reviewed by:
Rob Ewing
City Attorney
Attachments: A - Bikes and Scooters Memorandum
B - Town of Danville Municipal Code Section. 4-18
C - Map of Downtown Danville Business District
D - DRAFT Municipal Ordinance
FROM: City Attorney
"Small Town Atmosphere
Outstanding Quality of Life"
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(8) 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 B
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0 500 000 Feet
Data Sources 'VAI, 2009.
Downtown Business District
MArea 1 — Old Town Retail Area 5—Commercial/Residential Mixed Use Area 9— Multifamily Residential High/Medium Density
29 Area 2 — OldTown Retail Transition Area 6 — Business and Professional Office Area 10 —Mixed Use
0 Area 2a — Old Town Retail Area 7 — Retail Area 11 — Special Opportunity District
0 Area 3 — Old Town Mixed Use Area 8 — Retail/Office Area 12 — Multifamily Residential High Density
Area 4 — Residential -Serving Commercial
FIGURE 6
DOWNTOWN DANVILLE LAND USE DISTRICTS
X3.35
ATTACHMENT C
ORDINANCE NO.2024-xx
ADDING CHAPTER 4-19 TO THE DANVILLE MUNICIPAL CODE PROHIBITING
RIDING BICYCLES AND MOTORIZED SCOOTERS ON SIDEWALKS IN THE
DOWNTOWN BUSINESS DISTRICT
The Danville Town Council does ordain as follows:
SECTION 1. ADDING CHAPTER 4-19 TO THE DANVILLE MUNICIPAL CODE.
A new Chapter 4-19 is hereby added to the Danville Municipal Code to read as follows:
4-19 BICYCLES AND SCOOTERS ON SIDEWALKS
4-19.1 Definitions.
For purposes of this chapter, the following words and phrases shall have the meanings
defined in this section:
Bicycle shall mean a device upon which a person may ride, propelled exclusively by
human power through a belt, chain, or gears, and having one or more wheels (CVC
Section 231).
Downtown business district shall mean the area defined in Figure 6 of the Town of
Danville 2030 General Plan.
Electric bicycle shall mean a bicycle equipped with fully operable pedals and an electric
motor of less than 750 watts (CVC Section 312.5).
Electrically motorized board shall mean any wheeled device that has a floorboard
designed to be stood upon when riding that is not greater than 60 inches deep and 18
inches wide, is designed to transport only one person, and has an electric propulsion
system averaging less than 1,000 watts, the maximum speed of which, when powered
solely by a propulsion system on a paved level surface, is no more than 20 miles per
hour. The device may be designed to also be powered by human propulsion (CVC
Section 313.5).
Motorized scooter shall mean any two -wheeled device that has handlebars, has either a
floorboard that is designed to be stood upon when riding or a seat and footrests in place
of the floorboard, and is powered by an electric or other motor. This device may also be
designed to be powered by human propulsion (CVC Section 407.5)
ATTACHMENT D
Sidewalk shall mean that portion of a highway, other than the roadway, set apart by
curbs, barriers, markings or other delineation for pedestrian travel (CVC Section 555)
4-19.2 Prohibited Activity.
Pursuant to the authority of Vehicle Code Sections 21206, 21967 and 21968, it shall be
unlawful for any person to ride a bicycle, electric bicycle, electrically motorized board
or motorized scooter on a sidewalk within the Downtown Business District of the Town
of Danville.
SECTION 2. CODIFICATION. Section 1 of this ordinance shall be codified in the
Danville Municipal Code.
SECTION 3. SEVERABILITY. If any section, subsection, sentence, clause or phrase of
this ordinance is for any reason held to be invalid, such decision shall not affect the
validity of the remaining portions of the ordinance. The Danville Town Council hereby
declares that they would have adopted the ordinance, and each section, subsection,
sentence, clause, or phrase thereof, irrespective of the fact that one or more sections,
subsections, sentences, clauses or phrases was declared invalid.
SECTION 8. PUBLICATION AND EFFECTIVE DATE. The City Clerk shall have
this ordinance published once in a newspaper of general circulation within 15 (fifteen)
days after adoption. This ordinance shall become effective 30 days after adoption.
The foregoing Ordinance was introduced on July 2, 2024, and approved and adopted by
the Danville Town Council at a regular meeting held on July 16, 2024, by the following
vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
MAYOR
APPROVED AS TO FORM: ATTEST:
CITY ATTORNEY
CITY CLERK
PAGE 2 OF ORDINANCE NO. 2024-xx
CLERK'S CERTIFICATE
I, Marie Sunseri, City Clerk of the Town of Danville, hereby certify that the foregoing is
a true and accurate copy of Ordinance No. 2024-xx of said Town and that said
ordinance was published according to law.
Dated:
City Clerk of the
Town of Danville
PAGE 3 OF ORDINANCE NO. 2024-xx