CC Ordinance No. 17-2161 Amending Title 11Chapter 11.08 Sections 11.08.160 and 11.08.180 Regarding Restrictions on Riding Bicycles on Sidewalks and Pedestrian PathsORDINANCE NO. 17-2161
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING TITLE 11 CHAPTER 11.08 SECTIONS 11.08.160 AND 11.08.180
REGARDING RESTRICTIONS ON RIDING BICYCLES ON SIDEWALKS AND
PEDESTRIAN PATHS
WHEREAS, this Ordinance is determined to be not a project under the requirements of
the California Quality Act of 1970, together with related State CEQA Guidelines
(collectively, "CEQA") in that proposed Ordinance is not a project within the meaning
of section 15378 of the California Environmental Quality Act ("CEQA") Guidelines
because it has no potential for resulting in physical change in the environment, either
directly or ultimately. In the event that this Ordinance is found to be a project under
CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section
15061(b)(3) because it can be seen with certainty to have no possibility of a significant
effect on the environment.
WHEREAS, the City Council is the decision-making body for this Ordinance; and
WHEREAS, the City Council before taking action on this Ordinance has reviewed the
not a project determination and exemption, and, using its independent judgment,
determines the Ordinance to be not a project or exempt from CEQA as stated above;
NOW, THEREFORE, THE CITY COUNCIL OF THE OF CITY OF CUPERTINO
DOES ORDAIN AS FOLLOWS:
SECTION 1. Section 11.08.160 of Chapter 11.08 of Title 11 of the Cupertino Municipal
Code is hereby amended to read as follows:
11.08.160 Riding On Pedestrian Facilities.
No person shall ride, use or operate a bicycle on any sidewalk within the City
except as specifically permitted in this chapter.
SECTION 2: Section 11.08 .180 of Chapter 11.08 of Title 11 of the Cupertino Municipal
Code is hereby amended to read as follows:
Ordinance No. 17-2161
Page 2
11.08.180 Exemptions.
The prohibition in Section 11.08.160 against riding, using, or operating a bicycle on a
sidewalk shall not apply to:
A. A child age twelve years and under; and
B. An adult accompanying a child age twelve years and under who is also
riding, using, or operating a bicycle.
C. Any person riding, using or operating a bicycle on a pedestrian path, unless
specifically posted as prohibited.
SECTION 3: Severability.
Should any provision of this Ordinance, or its application to any person or
circumstance, be determined by a court of competent jurisdiction to be unlawful,
unenforceable or otherwise void, that determination shall have no effect on any other
provision of this Ordinance or the application of this Ordinance to any other person or
circumstance and, to that end, the provisions hereof are severable.
SECTION 4: Effective Date.
This Ordinance shall take effect thirty days after adoption as provided by
Government Code Section 36937.
SECTION 5: Certification.
The City Clerk shall certify to the passage and adoption of this Ordinance and
shall give notice of its adoption as required by law. Pursuant to Government Code
Section 36933, a summary of this Ordinance may be published and posted in lieu of
publication and posting of the entire text.
SECTION 6: Continuitt1.
To the extent the provisions of this Ordinance are substantially the same as
previous provisions of the Cupertino Municipal Code, these provisions shall be
construed as continuations of those provisions and not as amendments of the earlier
provisions.
Ordinance No. 17-2161
Page 3
INTRODUCED at a regular meeting of the Cupertino City Council the 7th day of
February, 2017 and ENACTED at a regular meeting of the Cupertino City Council on
this 21 st day of February, 2017 by the following vote:
Vote Members of the City Council
A YES: Vaidhyanathan, Chang, Paul
NOES: Scharf
ABSENT: Sinks
ABSTAIN: None
ATTEST: APPROVED:
~ltr ~~~
Grace Schmidt, City Clerk Savita Vaidhyanathan, Mayor
City of Cupertino
ST ATE OF CALIFORNIA )
COUNTY OF SANTA CLARA )
CITY OF CUP ER TINO )
I, GRACE SCHMIDT, City Clerk and ex-officio Clerk of the City
Council of the City of Cupertino, California, do hereby certify the attached
to be a true and correct copy of Ordinance No. 17-2161 , which was
enacted on February 21, 2017, and that it has been published or posted
pursuant to law (G.C. 40806).
IN WITNESS WHEREOF, I have hereunto set my hand and seal
this 27 th day of February, 2017.
GRACE SCHMIDT, City Clerk and Ex-officio Clerk
of the City Council of the City of Cupertino, California