Ordinance 1381
ORD~NCE NO. 1381
AN OF '~ C1'!'Y OF CrJPFFI~II~10
AMFIJDII~IG Cf01Fi~t 11.08, HICYCIES, OF '~ M]NICIPAL ODDS
FE~149, changes in the Calila~rnia Vehicle Oode have made sections of
Qlapter 11.08 obsolete, andi
id~AS, It is desirable to bring the l~a:icipal Oocie into ca-farmanos
with the current California Vehicle Cods.
~ CITY OOUNOII, OF ~ CITY OF QJPE~7'aJ0 DOFS F~EiEBY ORDAIIJ that
c2:apter 11.08 of the Mtmicipal Oot1B ba ame~ed to read as shown an the
attached Fsd:ibit "A".
at a regular meeting of the City Council of the City of
meeting of the City Ca~u:cil of ulthe City ot6CUpertino this 21st day
of .tu y 1986 by the followi~ vote:
y~ lSs~nbexs of the Citv Council
AYES: Gatto, Johnson. Plungy. Sparks. Rogers
NOES: None
AffiFITP: None
AHSTAaf: None
APPltL7VID:
l~~ty of
ATl'Fc,'P: /,~
~ i~£~Kc-~C.~/
City Clerk
CfiAPTER 11. U8
BICYCLES•
BECTIONSs
11.08.010 Bicycle--Definition.
1!.08.011 Notor- Driven Cycle.
11.08.012 Notorized Bicycle-Definition
11.08.013 Motorized Quadticycla-Definition
11.08.020 Compliance tequlred.
11.08.030 Administrative authority.
11.08.040 License--Issuance.
,11.08.050 License--Indicie.
11.08.060 Regletration.
11.08.061 License indicia and registration Eot~s--Prohibited acts.
11.08.70 Existing licenses and registtetioas.
11.08.080 Bicycle retailers.
11.08.090 Sale or other disposition.
11.08.100 Change of address.
11.08.110 Dealers--Report of purchases.
11.08.120 Dealers--Report of sales.
11.08.130 License and registration fees.
11.08.140 Equipment.
11.08.150 Lnwa applicable to bicycle use.
11.08.170 Operation on roadway.
11.08.180 Riding--On pedesttisn path.
11.08.190 Hitching rides.
11.08.200 Exemptions.
11.08.230 Permitted movements frov bicycle lanes.
11.08.240 Nalking bicycles.
11.08.250 Riding on bicycle.
11.08.260 Carrying articles.
11.08.270 Motor vehicles and emtorized bicycles in bicycle lanes.
11.08.280 Impoundment.
11.08.290 Bicycle lanes--Designated.
11.08.300 Bicycle route--Designated.
11.08.310 Violation--Penalty.
For statutory provisions authorizing local authorities to peas ordi-
nances not in conflict with elate law with respect to th• operation,
use, licensing, and equipment of bicycles, see Veh. Code Sec. 21206{
for statutory provisions authorizing local authorities to eetnblieh
bicycle lanes, and to regulate the operation of bicycles end vehicles
with respect thereto. see Veh. Code Sec. 21201{ for statutory pro-
vlsiona setting forth certain equipment requirements for bicycles, See
Veh. Code Sec. 21201 and Veh. Code Sec. 21201.5= for statutory pco-
visione relating to the registration and licensing of bicycles, see
Veh. Code Sec. 39000 et. seq.
~,?P~"
(Cupertino 6/17/86)
SECTIONS: (Continued)
11.08.010-11.08.050
11.08.010 Bicycle--Ueflnltions. A. "Bicycle." foe the purposes
of this chapter, means a device upon which any person may ride, propelled
exclusively by human power through a belt, chain, or gears having one or
more wheels.
11.08.011 Motor-Driven Cycle. A "motor-driven cycle" is any motor-
cycle, Including every motor scooter, with a motor which produces lees than
15 groea brake horsepower, and every bicycle with motor attached. A motot-
dtivan cycle does not include a motorized bicycle, ae deflnad in Section 11.08.012.
11.08.012 Motorized Bicycle. A "motorized bicycle" or "moped" !a any
two-wheeled or three-wheeled device haivng fully operative pedals for propul-
sion by human power, or having no pedals if powered solely by electrical energy,
and an automatic tranamiaeion and a motor which produces less than 2 groea break
horsepower and is capable of propelling the device et a maximum speed of not
more than 30 miles per hour on level ground.
11.08.013 Motorized c2uadricycle. A "motorized quadricycie" ie a four-
wheeled device designed to carry not more than two persona. including the driver,
and having either an electric motor or a motor with an automatic tranamiaeion
developing leas than two groea brake horsepower and capable of propelling the
device at a maximum speed of not more than 30 miles per hour on level ground.
The device shall be utilized only by a person who by reason of physical disabil-
ity !a otherwise unable to move about as a pedestrian or by a senior citizen as
defined in Section 13000 of the California Vehicle Code.
11.08.020 Compliance required. Lt la unlawful for any resident of
the City to operate any bicycle on any street, road, highway, or other property
within the ,juriarliction of the City, unless the bicycle is registered and lic-
ensed as provided herein. (Ord. 741 (part), 1976: Ord. 708 (part). 1975).
11.08.030 Administrative authority. There ie herebq conferred upon
the City !tanager those poweca and duties necessary for the administration of
tills chapter. In addition, there 1a also conferred upon the Citq Hanager the
authority and power to designate such officers end employees of the City, and
of other cooperating public agencies, such as either the Centtel Fire Dis-
trict, or the sheriff's Department, ae well as private persona, each as bicycle
retailers, ae may be required to assist him in carrying out the intent and pur-
pose of this chapter. (Ord. 741 (pact), 1976: Ord. 708 (part), 1975).
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. (Ord. 741 (pert), 1976:
Ord. 708 (part), 1975).
11.08.050 License--Indicts. Bicycle license indicia and registra-
tion forma. ae distributed by the State Department of Motor Vehicles, shall
be obtained and issued by the City Manager. Each license indicia shall bear
e unique license number and shall be permanently assigned to a bicycle. Bi-
(Cupertino 6/17/86)
11.08.010-- 11.08.080
SECTIONSt (Continued)
11.08.050 Licensa--Indicfa Continued:
cycle licensee ehe•11 be affixed to the front of the Beat tuba o[ the bicycle
frame. Bicycle liceneee shall be renewed on January 1 of the third year fol-
lowing the year of registration, to begin January 1, 1979. Renewal of a
bicycle license shall be indlcnted by a supplementary adhesive device affixed
perelledl to and above or below rite license indicie with expiration dste shown.
(Ord. 741 (pert). 1976E Ord. 708 (part), 1975).
11.08.060 Registration. In addition, there shall be issued with
the bicycle indicia, a registration certificate, showing the license number,
the aerial number of the bicycle, the make and type of the bicycle, and the name
and ^ddresa of the liceneee. Records of the foregoing shell be mslntalned by
the City Manager during the period of validity of the license, or until notifi-
cation that the bicycle no longer is to be operated. (Ord. 741 (part), 1976:
Ord. 708 (part), 1975).
11.08.061 License indicie and registration forma--Prohibited acts.
It is unlawful for any person to tamper with. destroy. mutilate, or alter any
license indicie or registration certificate, or to remove, alter, or mutilate
the serial number, or the identifying marks of tha city~a identifying symbol,
on arty bicycle frame licensed under the provisions of this chapter. (Ord. 741
(part), 1976).
11.08.010 Existing licenses and regfetration. 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
!n no case for a period beyond July 1, 1979. Upon ouch expiration. ouch bi-
cycles shall be Licensed and registered es hereinabove provided. (Ord. 741
(part), 1976: Ord. 708 (part), 1975).
11.08.080 Bicycle retailers. A. Each bicycle retailer shall supply
to each purchaser a preregletratlon form supplied by the City Manager and shall
include. on the ea lee check or recipt given to the purchaser, a record of the
following information:
1. Name of retailer,
Z. Address of retailer.
3. Year and make of bicycle,
4. Serial number of the bicycle if delivered to the purchaser
in an assembled state.
5. General description of the bicycle,
6. Name of purchaser, and
7. Address of purchaser.
A copy of the pre regfetration form shall be filled out and forwarded by the
purchaser to the City Manager within ten days from the date of sale.
B. After December 31, 1976, no bicycle retailer shall sell any new
bicycle in this Citq unless such bicycle has legiblq and permanently stamped or
cast on its frame a aerial number, no less than one-eighth inch in size,and un-
ique to the particular bicycle or each manufacturer. The serial number shall
be stamped or cast in the head of the frame, either aide of the seat tube, the
top indicie, or the bottom sprocket crank) housing. Ord. 741 (part), 1976: Ord.
708 (part). 1975).
(Cupertino 6/17/86)
• •11.08.010--11.08.170
SECTIONS: (Continued)
11.08.090 Sale or other dis osltion. A. Whenever any person
sells or of erwise disposes of a bicycle, he shall endorse upon the regi~-
tration certificate previously issued for such bicycle a written transfer
of the same. setting forth the name, address, telephone.number of the trans-
feree, date of transfer, and signature of the tranaferer, and shall deliver
the registration certificate, so endorsed, to the City Manager within ten
days.
' B. Any person who purchases or otherwise acquires possession of a bi-
cycle shall, within ten days of acquiring posaeaeion. apply for the tran~-
fer of the license to hie own name. (Ord. 141 (part). 1976: Ord. 708 (part),
1975).
11.08.100 Change of address. A. Whenever the owner of a bicycle
licensed pursuant to this chapter changes hie address, he shall within Cen
days, notify the Clty Manager of the old and new address.
B. In the event that any license indicia or registration certificate
issued pursuant to the provisions of this chapter is lost, stolen or muti-
lated. the licensee of such bicycle shall immediately notify the City Manager.
and, within ten days after such notification, shall apply to the City Manager
for a duplicate license indicia or registration certificate. Thereupon, the
City Manager shall issue to such licensee a replacement license indicia or
registration certificate upon payment to the City Manager of the appcopciate
fee.
C. Every license holder shall return hie license indicia and registra-
tion certificate to the City Manager when the bicycle for which they were
issued is destroyed beyond repair. (Ord. 741 (part), 1976: Ord. 708 (part),
1475).
11.08.110 Dealers--Report of purchases. Persona engaged in the
business of buying secondhand bicycles are required to make a monthly report
to the City Manager specifying:
A. The name and address of the person from whom each bicycle
is purchased;
B. A description of each bicycle purchased;
C. The frame number thereof;
D. The numer of the license indicia attached thereto, if any.
(Ord. 741 (part), 1976: Ord. 708 (part), 1975).
11.080.120 Dealers--Report of sales. All persona engaged in the
business of selling new or secondhand bicycles are required to make a monthly
report to the City Manager giving a list of all sales made by ouch dealers,
which list shall include:
A. The name and address of each person to whom a bicycle was sold;
8. A description of each bicycle sold;
C. The frame number thereof;
D. The number of the license indicia attached thereto, if any.
(Ord. 741 (paert), 1976: Ord. 708 (part), 1975).
(Cupertino 6/17/86)
• 1.08.010--11.08.170
SECTIONS: (Continued)
11.08.130 License and registration fees. The fees required to be
paid pursuant to the provisions of Chis chapter are:
A. For each new bicycle license and registration certificate,
the sum of two (2) dollars per year.
B. For each transfer of registration certificate, the sum of one
dollar;
C. For each replacement of a bicycle license or registration
certificate, the sum of one dollar.
D. For each bicycle license renewal, the sum of two (2) dollars per
year;
E. Revenues from license fees shall be retained by the City
and shall be used for the support of this chaper. and may
be used to reimburse retailers for services rendered. In
addition, fees collected shall be used to improve bicycle
safety programs and establish facilities, including bi-
cycle paths and lanes. within the Jurisdiction of the City.
The City Council shall, from time to time, by resolution
or motion, establish the allocation of fees collected.
(Ord. 741 (part), 1976): Ord. 708 (part), 1975).
11.08.140 Equipment. A. 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.
11.08.150 Lawa applicable to bicycle use. Every person riding a
bicycle upon a highway has all the rights and is aubJect to all the provisions
applicable to the driver of a vehicle by this division, including, but not lim-
ited to. provisions dealing with driving under the influence of alcoholic bev-
aragea 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), and Division 18 (com-
mencing with Section 420000), except those provisions which by their very
nature can have no application.
11.08.170 Operation on roadway. (a) Any person operating a bicycle
upon a roadway at a speed leas than the normal speed of traffic moving in the
same direction at such time .shall ride as close as practicable to the right-
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 pri-
vate road or driveway.
(3) When reasonably necessary to avoid conditions (including, but not
limited to, fixed ar moving obJects, vehicles, bicycles, pedea-
triansn, animals, surface hazards, or substandard width lanes)
that make it unsafe to continue along the right-hand curb or edge,
subJect to the pcovfalona of Section 21656. For purposes of this
section, a "substandard width lane" is a lane that is too narrow
for a bicycle and a vehicle to travel safely aide by side within
the lane.
(b) Any person operating a bicycle upon a roadway of a highway, which high-
way carries traffic in one direction only and has two or more marked traffic
lanes, may ride as near the left-hand curb or edge of such roadway as practicable.
(Cupertino 6/17/86)
i
SECTIONS: (Continued)
• 11.08.010--11.08.260
11.08.190 Hitching Rides. No person riding upon any motorcycle,
motorized bicycle, bicycle, coaster. roller skates, sled, or toy vehicle shall
attach the same oc iseraelf/himself to any streetcar or vehicle on the roadway.
11.08.200 Exemptions. Children under the age of tan years shall
r be exempt from the provisions of Section 11.08.180 provided, that the ex-
emption shall not apply to any child under the age of ten years who fails
to exercise, or !a incapable of exercising, due care for tha rights and
safety of all others using any sidewalk or pedestrian path and, provided,
further. that in any event the exemption shall not apply to the operation
of bicycles on any sidewalk or pedestrian path in the front of any buei-
neea or commercial eatabllshment. (Ord. 741 (part). 1976s Ord. 708 (Part),
1975).
11.08.230 Permitted movements from bicycle lanes. (a) Whenever a
bicycle lane has been established on a roadway pursuant to Section 21207,
any person operating a bicycle upon the roadway at a speed less 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 lane under any
of tha following situations:
(1) When overtaking and passing another bicycle, vehicle, of pedes-
trian within the lane or about to enter the lane if such over-
taking 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 leave 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) in the event that any vehicle may be affected by the movement).
11.08.240 Walking bicycles. Bicycles may be walked at any time,
aub~ect to all provisions of law applicable to pedestrians. (Ord. 741 (part),
1976: Ord. 708 (part). 1975).
11.08.250 Riding on bicycle. No persona operating a bicycle upon a
highway shall ride other than upon or astride a permanent and regular seat
attached thereto.
No operator shall allow a person riding ae a passenger, and no person
shall ride as a passenger. on a bicycle upon a highway other than upon or
astride a separate seat attached thereto. If the passenger is a minor weigh-
ing 40 pounds or leas.the seat shall have adequate provision For retaining
the minor in place and for protecting the minor from the moving parts of
the bicycle.
11.08.260 Carrying article a. No person operating a bicycle shall
carry any package, bundle or article which prevents the operator from keeping
at least one hand upon tha handlebars.
(Cupertino 6/17/86)
SECTIONS: (Continued}
•1.08.010--00.08.290
11.08.270 Motor vehicles and motorized bicycles in bicycle lanes. Nhen-
ever a bicycle lane has been established on a roadway pursuant to Section 21201,
of the California Vehicle Code, any person operating a motor vehicle on ouch
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 the use of a motorized bicycle in a bicycle
irs 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 far
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.
11.08.280 Impoundment. The City Manager may impound and retain pos-
eession of any bicycle in violation of the provisions of this chaper, and
may retain possession of such bicycle until the provisions of this chapter
ace complied with. In addition, a fine may be imposed for any violation of
this chapter pursuant to Section 11.08.300. (Ord. 741 (part), 1976s Ord.
708 (part), 1975).
11.08.290 Bicycle lanes-Designated. The City Manager upon appcoval
of 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 regu-
lating the location and use of vehicles and bicycles with respect to them, so
long as the same are consistent with this chapter. Before each a sign is
erected. the subject bicycle lane shall be designated on ouch streets by an
approved painting, sign or in ouch other manner as the City Manager shall de-
termine will provide sufficient notice of existence of such bicycle lane.
ffien such a painting or sign 18 In place, no person shall disobey it.
DESIGNATION OF BICYCLE LANES
Description Side
Blaney Avenue From the southerly line of Homestead Road to Both
the northerly line of Bollinger Road all por-
tions currently or hereafter within the City
limits
Bollinger Road From the easterly City limits to the easterly North
line of Blaney Avenue
Bubb Road From the northerly line of Rainbow Drive to Both
the southerly line of Stevens Creek Boulevard
Homestead Raad From the easterly City limit to the westerly Both
City limit all portions currently or hereafter
within the City limits
Kim Street From the southerly line of Kirwin Lane to the Both
northerly line of Bollinger Road
McClellan Road From the easterly line of Byrne Avenue to the Both
Stalling Road all portions currently or here-
after within the City limits
(Cupertino 6/17/86)
SECTIONS: (Continued)
11.08.290 Continued:
'..08.010--11.08.300
Description Side
Rainbow Drive Fiom the easterly line of Stelling Road to Both
to the westerly line of Saratoga-Sunnyvale Road.
Stelling Road From a point one hundred feet southerly of Both
Carriage Clrcle to the southerly line of Nome-
atead Road all portions currently or hereafter
within the City limits.
Stevens Creek Prom the easterly line of Orange Avenue Both
Boulevard to the weetesrly line of Stelling Road all
" portions currently or hereafter within the
City limits
Stevens Creek From the easterly line of De Anza Boule- Hoth
Boulevard yard to the westerly line of Tantau Ave-
nue all portions currently or hereafter
within the City limits.
Tantau Avenue From the northerly line of Stevens Creek Both
Boulevard to the southerly line of Nome-
stead Road.
(Ord. 1228 (part). 1983: Ord. 1113, 1982: Ord. 1071 S1, 1980: Ord. 1068 ,l,
1980: Ord. 741 (Part). 1976: Ord. 708 (part). 1975).
11.08.300 Bicycle route--Designated. The City Hanager upon approval
of the City Council. ie authorized to erect or place algae upon any street
in the City indicating the existence of a bicycle route, and otherwise reg-
ulating the location and use of vehicles and bicycles with respect to them,
so long ae the same are consistent with this chapter. Before such a sign is
erected, the subject bicycle route shall be designated on subh streets by an
approved sign or in such other manner as the City Manager determiena will
provide sufficient notice of existence of such bicycle route.
Designation of Bicycle Route
' Description Side
Bonny Drive From the northerly line of Pepper Tree Lane Both
to southerly line of Shelly Drive
Pepper Tree - From the easterly line of Stelling Road to Both
Lane the easterly line of Bonny Drive
Rodrigues From the westerly line of Terry Way to the Both
Avenue westerly line of Blaney Avenue
Shelly Drive From the westerly line of Bonny Urive to the Both
easterly line of Terry Way
(Cupertion 6/17/86)
11.08.010--11.08.310
SECTIONS: (Continued)
11.080.300 Continued:
Description Sida
Terry Way From the northerly line of Rodrigues Avenue Both
to the southerly line of Shelly Dr1va
(Ord. 1228 (part). 1983).
11.080.310 Violation--Penalty. My person vho violates any of the pro-
visions of this chapter ie guilty of an infraction, and, upon conviction there-
of, shall be punished as provided in Chapter 1.12, except that no fine imposed
for violation of any licensing and registration provisions of this chapter
shall exceed five dollars. (Ord. 1228 (part). 1983: Ord. 741 (part), 1976:
Ord. 708 (Part). 1975).
(Cupertino 6/17/86)