Palo Alto Municipal Code Section Pedestrians

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1 Palo Alto Municipal Code Section Pedestrians Comments from Rich are in green following each section Comments from Eric are red following each section Establishment of crosswalks authorized. (a) The city manager is hereby authorized to establish and maintain crosswalks and to designate them by appropriate devices or painted signs upon the surface of the roadway. (b) The city manager may place signs at or adjacent to an intersection in respect to any crosswalk directing that pedestrians shall not cross in the crosswalk so indicated. (Ord (part), 1956: prior code 19.81) OK Use of crosswalks required. (a) No pedestrian shall cross a roadway other than by a crosswalk in any business district. (b) In all other districts, no pedestrian shall cross a roadway at any place other than by a route at right angles to the curb or by the shortest route to the opposite curb except in a marked crosswalk. (Ord (part), 1956: prior code 19.82) Section b) may be good advice, but do we really need to have this as a law? How many people have been cited for this since 1956? Limited right to use of roadway. No person shall cross the roadway of any portion of a grade separation except at a pedestrian crosswalk. (Ord 1714 (part), 1956: prior code 19.83) OK Pedestrians prohibited - Certain overpass. No pedestrian shall cross Bayshore Freeway upon Embarcadero Road Overpass. (Ord , 1969: Ord , 1968) Do we really want to prohibit this? There is a sidewalk on the north side, and it even has curb cuts. Why bother building and maintaining a facility that is illegal

2 to use? There are no signs at the overpass visible from the sidewalk that say that it is illegal to cross there. I agree and recommend deleting this prohibition Pedestrians prohibited - Foothill Expressway. (a) No person, other than peace officers acting in the performance of their duties or authorized maintenance or construction personnel, shall, except in designated crosswalks, walk upon or drive any livestock upon the Foothill Expressway at any location on said expressway between Page Mill Road and the southerly city limits at Adobe Creek. (b) Notwithstanding the provisions of subsection (a) hereinabove, the driver and passengers of a disabled vehicle stopped on Foothill Expressway at any location between Page Mill Road and the southerly city limits at Adobe Creek may walk to the nearest exit, in either direction, on that side of the expressway upon which the vehicle is disabled, from which telephone or auto repair services are available. (Ord , 1975) Foothill Expressway is under the authority of County Roads and Airports, not the City of Palo Alto. They have their own pedestrian prohibitions, so this section should be removed.

3 Municipal Code Review Chapter BICYCLES, ROLLER SKATES AND COASTERS Comment is red by Eric Nordman. comments by Art Liberman RS comments by Rich Swent CVC references are from hicle+code+-+veh Bicycle lanes and paths established. The council establishes those bicycle lanes and paths as designated on the Master Plan attached to Resolution No adopted by the council of the city on April 19, 1971, as said map is thereafter and from time to time hereafter amended. (Ord , 1972) Update master plan to Bicycle and Pedestrian Transportation Plan Agree City manager to implement establishment of bicycle lanes and paths. The city manager is authorized, empowered, and directed to implement the establishment of the bicycle lanes and paths as designated on the Master Plan. (Ord , 1972) Update master plan to Bicycle and Pedestrian Transportation Plan Establishment of licensing agency. The city shall be a licensing agency for the licensing of bicycles in accordance with all provisions of Division 16.7 of the California Vehicle Code. (Ord , 1975: Ord (part), 1961: prior code 16.02) City wants out of licensing. I believe sections 10.64:020 to 10.64:090 should be removed Daily report by buyers of secondhand bicycles. Every person engaged in the business of buying secondhand bicycles is required to make a daily report to the police department, giving the name and address of the person from whom the bicycle was purchased, the description of each bicycle purchased, the frame number thereof, and the number of the license tag thereon, if any. (Ord , 1975: Ord (part), 1961: prior code 16.04) Reserved.

4 (Repealed by Ord , 1997) Removal or alteration of tags or numbers. No person shall willfully or maliciously remove, destroy, mutilate or alter the number of any bicycle frame licensed pursuant to this chapter. No person shall remove, destroy, mutilate or alter any license tag or registration certificate during the time in which such license tag or registration certificate is operative; provided, however, that nothing in this chapter shall prohibit the city from stamping numbers on the frames of bicycles on which no serial number can be found, or on which the number is illegible or insufficient for identification purposes. (Ord , 1975: Ord (part), 1961: prior code 16.06) Consider deleting as this is already covered in CVC 39002b License fees. The license fee to be paid for each bicycle licensed pursuant to Section shall be paid in advance. A fee shall be paid for application for transfer of license pursuant to Section of the California Vehicle Code. Said fees shall be as set forth in the municipal fee schedule. (Ord , 1976: Ord , 1975: Ord , 1975: Ord (part), 1961: prior code 16.07) Does the city want to be the licensing agency? Safe mechanical condition prerequisite to issuance of license. Any person applying for a bicycle license pursuant to the provisions of this chapter must demonstrate to the chief of police or his designated representative that the bicycle for which the applicant desires to secure license plates meets the requirements of this chapter and the California Vehicle Code as to safe mechanical condition. (Ord , 1975: Ord , 1972: Ord (part), 1961: prior code 16.10) Does the city want to be the licensing agency? Sunnyvale is recommending an online registration: Sirens and whistles. No person shall equip a bicycle with a siren or whistle or operate or use a bicycle so equipped; provided, that nothing in this section prohibits the equipping, operation or use of a bicycle with an unusual kind of bicycle horn or bell as approved by the chief of police. (Ord (part), 1975: Ord (part), 1961: prior code 16.12) Delete: Covered by CVC Handlebar grips. Every bicycle that is equipped with handlebar grips must have the grips securely glued or cemented to the handlebars. (Ord (part), 1975: Ord (part), 1961: prior code 16.13)

5 Carriers. Every bicycle equipped with a carrier must have the carrier securely attached to the bicycle. (Ord (part), 1975: Ord (part), 1961: prior code 16.14) This should be updated to include bicycle trailers NOTE A separate section is needed defining a bicycle and other human-powered or motorpowered device. This section would define a variety of devices, including e-bikes, e-scooters, e-skateboards, segways, hoverboards and e-scooters. Bicycles can be defined, borrowing from the deleted section of the code, as any device which a person may ride, which is propelled by human power through a system of belts, chains, or gears and which has wheels at least twenty inches in diameter and a frame size of at least fourteen inches. And the word bicycle should be replaced wherever it occurs by bicycle and other humanpowered or motor-powered device in sections , , , , , , I disagree. The California Vehicle Code defines these and we should just use those definitions by default. There is no reason to adopt our own definitions, and the City may not even have legal authority to adopt anything different than the CVC. The same goes for all mechanical standards and rules of the road. The state has taken that authority and cities can only regulate issues that the CVC explicitly permits them to regulate. Sidewalk bike riding and bike licensing are two of those Compliance with mechanical standards. It is unlawful for any person to ride or operate a bicycle in the city unless the bicycle is equipped as provided in this chapter and unless the bicycle is in safe mechanical condition. (Ord (part), 1975: Ord (part), 1961: prior code 16.20) See above comment. City has no authority to require any standards beyond the CVC Rules of the road. It is unlawful for any person to ride or operate a bicycle in the city in violation of the rules of the road as set forth in Sections through (Ord (part), 1975: Ord (part), 1961: prior code 16.21) See above comment. City has no authority to require any standards beyond the CVC Riding bicycles on sidewalks and in undercrossings. (a) No person shall ride or operate a bicycle upon any sidewalk in a business district.

6 (b) No person shall ride or operate a bicycle upon any sidewalk in the University Avenue undercrossing below Alma Street and the Palo Alto train station or in the California Avenue undercrossing below Alma Street and the California Avenue train station when others are present. (c) Any person riding or operating a bicycle upon any sidewalk shall exercise due care and shall yield the right-of-way to all pedestrians. (d) No person riding or operating a bicycle upon any sidewalk where a bicycle lane or path has been established shall travel in a direction other than as posted. (Ord , 2018: Ord , 1978: Ord (part), 1975: Ord , 1972: Ord (part), 1969: Ord (part), 1968: Ord (part), 1961: prior code 16.22) This section needs an update or a new section added to include riding on overcrossings, including the current one at Embarcardero Rd and in anticipation of the New Bayshore pedestrian and bicycle overcrossing. I disagree with Art that the overpasses should be included. These are not sidewalks. Section d) should be removed. We have no sidewalk bike paths in the city anymore and we are not going to have any in the future. This section referred to the Embarcadero sidewalks which were labeled as sidewalk bike paths and had directions posted. Now a sidewalk bike path is an oxymoron and this section is obsolete. I am still not happy with section b) but I can t come up with a concise way to phrase what I want. The problem with the current wording is that it is still too broad. If my wife and I travel through there we would still need to walk because of each other s presence even though we are traveling the same direction and there is no conflict. Similarly, if I stop and wait for a pedestrian (as I usually do), I cannot resume riding after they pass me because they are still present even though they are behind me and moving in the opposite direction. I personally feel that section c) should be good enough for underpasses and overpasses, without getting bogged down in details about how to behave safely Riding bicycles on streets. Any person riding or operating a bicycle upon any street where a bicycle lane or path appropriate to his direction of travel is established and officially designated may ride or operate such bicycle in such bicycle lane or path or on the sidewalk where otherwise allowed by this code. "Street" means a way or place of whatever nature publicly maintained and open to the use of the public for purposes of travel. (Ord (part), 1975: Ord , 1974: Ord , 1972) Should replace..may ride or operate such bicycle.. with..must ride or operate such bicycle,, Should also eliminate or on the sidewalk The objective of this section of the code is to have people ride in the direction of travel

7 This section of code does nothing. Section a) prohibits bicycling on sidewalks in business districts. By default it is permitted on all other sidewalks regardless of whether there is a bike lane or path present. If it is desired to require bicyclists riding on the sidewalk to travel in the same direction as traffic, then there should be a section to say just that. Delete: I agree with Rich that this ordinance as written doesn t do anything. I disagree with Art that it should be changed to must. I ve seen to many side paths that are less safe than riding in the road Vehicles prohibited from bicycle paths. No person shall operate a vehicle within an established and officially designated bicycle path except for purposes of ingress or egress to and from driveways, or for purposes of intersectional travel. (Ord , 1997: Ord (part), 1975: Ord , 1972) This effectively bans motorized wheelchairs, e-bikes, segways and electric skateboards from bike lanes and paths Rich, Eric: This would be OK if the word vehicle were to be changed to private motor vehicle. The CVC covers this adequately in section (a) No person may stop, stand, sit, or loiter upon any class I bikeway, as defined in subdivision (a) of Section of the Streets and Highways Code, or any other public or private bicycle path or trail, if the stopping, standing, sitting, or loitering impedes or blocks the normal and reasonable movement of any bicyclist. (b) No person may place or park any bicycle, vehicle, or any other object upon any bikeway or bicycle path or trail, as specified in subdivision (a), which impedes or blocks the normal and reasonable movement of any bicyclist unless the placement or parking is necessary for safe operation or is otherwise in compliance with the law. (c) This section does not apply to drivers or owners of utility or public utility vehicles, as provided in Section (d) This section does not apply to owners or drivers of vehicles who make brief stops while engaged in the delivery of newspapers to customers along the person s route. (e) This section does not apply to the driver or owner of a rubbish or garbage truck while actually engaged in the collection of rubbish or garbage within a business or residence district if the front turn signal lamps at each side of the vehicle are being flashed simultaneously and the rear turn signal lamps at each side of the vehicle are being flashed simultaneously. (f) This section does not apply to the driver or owner of a tow vehicle while actually engaged in the towing of a vehicle if the front turn signal lamps at each side of the vehicle are being

8 flashed simultaneously and the rear turn signal lamps at each side of the vehicle are being flashed simultaneously Hitching rides on vehicles. No person riding or occupying any bicycle, coaster, roller skates, roller blades, sled, skateboard, toy vehicle, motorcycle, moped, or any other similar human-powered or motorpowered device shall attach the same or himself or herself to any vehicle or device when upon a public right-of-way, or upon any land, property, or facilities owned or controlled by the city of Palo Alto. (Ord (part), 1989: Ord , 1980: Ord (part), 1977: Ord (part), 1975: Ord , 1972: Ord (part), 1961: prior code 16.23) Need to make sure ebikes are not considered vehicles or child trailers will be illegal. This would be OK if the word vehicle were to be changed to private motor vehicle. CVC21203 covers this for public roads, so the reference to public right-of-way should be removed. It can only be applied to City property that is not a public road No person riding upon any motorcycle, motorized bicycle, bicycle, coaster, roller skates, sled, or toy vehicle shall attach the same or himself to any streetcar or vehicle on the roadway Passengers on vehicles and other devices. No person riding or operating a bicycle, when upon a public right-of-way or upon park or open space lands owned and/or controlled by the city of Palo Alto, shall be permitted to carry another person upon the bicycle; provided, however, that this prohibition shall not apply to bicycles which are built for two persons to ride and propel the same or to the carrying of a child when the child is securely fastened to a seat designed to carry a child or to the rider or operator if the child is under two years of age. (Ord , 2000: Ord , 1980: Ord (part), 1975: Ord (part), 1961: prior code 16.24) Similar to the previous section. CVC covers this for public roads and the City has no authority there (a) A person operating a bicycle upon a highway shall not ride other than upon or astride a permanent and regular seat attached thereto, unless the bicycle was designed by the manufacturer to be ridden without a seat. (b) An operator shall not allow a person riding as a passenger, and a person shall not ride as a passenger, on a bicycle upon a highway other than upon or astride a separate seat attached

9 thereto. If the passenger is four years of age or younger, or weighs 40 pounds or less, the seat shall have adequate provision for retaining the passenger in place and for protecting the passenger from the moving parts of the bicycle Towing. No person riding or operating a bicycle, moped, motorcycle, sled, toy vehicle, or any other similar human-powered or motor-powered device upon a public right-of-way or upon park or open space lands owned and/or controlled by the city of Palo Alto shall tow any other vehicle or person, including a skateboard and rider, except that bicycle trailers used for delivery or transportation of newspapers, magazines, people or merchandise may be towed when being used in such activity. (Ord , 2000: Ord , 1980: Ord (part) 1977: Ord (part) 1975: Ord (part), 1961: prior code 16.25) Cannot be applied to public roads. Could be applied to other City property if desired, but I am not sure it is really needed Racing. No person riding or operating a bicycle, moped, skateboard, roller skates, roller blades, sled, toy vehicle, or any other similar human-powered or motor-powered device upon a public rightof-way or upon any land, property, or facilities owned or controlled by the city of Palo Alto, shall participate in any race, speed, or endurance contest unless such race, speed or endurance contest has the written permission of the city manager and is under the supervision of the chief of police. (Ord (part), 1989: Ord , 1980: Ord (part), 1975: Ord (part), 1961: prior code 16.26) This section is OK but could be deleted as speed contests on public roads already prohibited by the CVC Trick riding. No person riding or operating a bicycle, moped, coaster, roller skates, roller blades, sled, skateboard, toy vehicle, or motorcycle shall perform any acrobatic, fancy, stunt, or trick riding upon any public right-of-way, or upon any space, land, property or facilities owned or controlled by the city of Palo Alto. (Ord (part), 1989: Ord , 1980: Ord (part), 1975: Ord (part), 1961: prior code 16.27) Cannot be applied to public roads but is otherwise OK.

10 Parking and parking spaces. (a) No person shall park a bicycle against any window or parking meter or on the maintraveled portion of the sidewalk, nor in such manner as to constitute a hazard to pedestrians, traffic or property. (b) Notwithstanding the provisions of subsection (a) of this section, when bicycle parking spaces have been established and designated by official signs and markings pursuant to Chapter 10.40, no person shall park a bicycle in the vicinity thereof except in such bicycle parking spaces. (Ord (part), 1975: Ord (part), 1961: prior code 16.28) What happens if bicycle parking is full? I think the issue is that there are not sufficient requirements in the Code for businesses and buildings to have bicycle parking spaces as there are for cars; the Council ought to address this issue if we want to have a bicycle friendly city and encourage people to use bicycles for errands, shopping and the like. In addition, to avoid the issue of e-bikes and e-scooters being left helter skelter on sidewalks, causing safety or other issues, a section is needed to this (or another section) that would say that rental e-bikes and e-scooters left unparked and in such a manner as to constitute a hazard to pedestrians, traffic or property will be confiscated. There is a special permit with requirements for bike share operators that covers where they may be left, so I don t think that needs to be covered here. This section was written in 1961, updated in There were very few bike racks then, but I guess there were parking meters! I would be in favor of modifying section b) by adding an exception if the designated bicycle parking spaces are full. At the April 9 th Council meeting, the Council approved updates to the ordinances. The following new section was added: Speed limits on shared-use paths. (a) No person shall ride or operate any bicycle, skateboard, or any other transportation vehicle or device in excess of fifteen miles per hour upon on a shared-use path when pedestrians are present. (b) No person shall operate any transportation vehicle or device at a speed greater than is reasonable for safe operation, nor in any manner which may endanger the safety of others. (Ord , 2018) The following sections on skateboards are likely outdated and ought to be deleted. If they are to remain, skateboards in the followings sections should be modified to specify non-motorized skateboards.

11 I agree that these sections should probably all be deleted. If the City want to restrict skateboards from operating on certain streets and sidewalks they can keep just that section (but it probably warrants review) The CVC explicitly grants this authority to cities. The city ordinance should list the three categories defined in the CVC: skateboards, motorized skateboards and an electrically motorized board defined in CVC Skateboards, wheelchairs, and the like are considered pedestrians in the Vehicle Code. That is why section (below) is in the section titled Pedestrian s Rights and Duties Except as provided in Section 21968, a local authority may adopt rules and regulations by ordinance or resolution prohibiting or restricting persons from riding or propelling skateboards, or electrically motorized boards, on highways, sidewalks, or roadways (a) A motorized skateboard shall not be propelled on any sidewalk, roadway, or any other part of a highway or on any bikeway, bicycle path or trail, equestrian trail, or hiking or recreational trail. (b) For purposes of this section, an electrically motorized board, as defined in Section 313.5, is not a motorized skateboard Use of roller skates, skateboards and coasters prohibited in business districts. No person shall skate with roller skates, or roller blades, propel any coaster wagon or vehicle or ride any skateboard upon any sidewalk, or roadway, or upon any public right-of-way, or upon any land, property or facilities owned or controlled by city of Palo Alto, if such right-of-way, land, property or facility is located within any business district of the city as defined in California Vehicle Code, Section 235, and as it may hereafter be amended. (Ord (part), 1989: Ord (part), 1977: Ord (part), 1975: Ord (part), 1961: prior code 16.45) Consider deleting: This seems to ban roller blades, skate boards and the electric powered skate boards often used by Caltrain commuters from getting to work Use of coasters, roller skates, skateboards and similar devices. No persons upon roller skates, roller blades, or riding in or by means of any coaster, skateboard, toy vehicle or similar device shall go upon any roadway or upon any city owned, operated, or controlled parking lots, garages, or other city-owned property and facilities, except as otherwise provided in this chapter. (Ord (part), 1989: Ord , 1986: Ord (part), 1977: Ord (part), 1975: Ord (part), 1961: prior code 16.46)

12 Consider deleting: Roller blading, skateboards and the like should be allowed and should be done in the roadway just like bicycles due to their speed Use of skateboards in residential districts. The riding of skateboards shall be permitted upon public sidewalks and roadways in residential districts of the city of Palo Alto with the exception that the riding of skateboards shall not be permitted: (a) Upon any freeway, or upon any of the following arterial and/or collector roadways or streets: Alma Street Arastradero Road Arboretum Way California Avenue Coyote Deer Creek East Bayshore Road El Camino Real El Camino Way Embarcadero Road Foothill Expressway Hanover Street (South of California) Hansen Way Hillview Avenue Middle field Road Oregon Expressway Page Mill Road Palo Alto Avenue Porter Way San Antonio Road Sand Hill Road Skyline Boulevard Stanford Avenue

13 University Avenue West Bayshore Road; (b) Upon any public or private sidewalk or ramp, or accessway specially designed for use by the handicapped; (c) Upon any private or public property where not otherwise prohibited by any provision of this chapter, when such property has been posted pursuant to this section. The city manager or his designee is authorized to post or erect or cause to be posted or erected, signs, at the owner's expense, prohibiting the riding of skateboards or similar devices, in or on those premises for which such a request has been made to, and approved by, the chief of police or his designee. (Ord (part), 1989) It seems strange that you are allowed to use a skateboard on a sidewalk in a residential neighborhood but are not allowed to use the ramps? Hours for skateboard riding. A reflective device or devices or reflective clothing, arranged or worn on the person of the rider in a manner which is visible from all directions, shall be used while riding a skateboard in the city of Palo Alto from sunset until sunrise the following day. (Ord (part), 1989) Rules of the road for skateboarders. Persons riding skateboards, as otherwise permitted under this chapter, shall obey the following rules of the road: (a) Obey all stop signs, traffic signals, yield signs, and such other traffic-control devices; (b) When in the roadway, travel to the far right side of the roadway; (c) Yield the right-of-way to pedestrians whenever and wherever they are encountered; (d) Not impede or interfere with the flow of vehicular traffic; (e) Yield to approaching vehicles when entering any roadway; (f) Not impede or interfere with the flow of bicycle traffic in bicycle lanes; (g) When on sidewalks, proceed with due care and at a safe speed; (h) Not allow any other person, or persons, to ride the skateboard simultaneously with the rider. (Ord (part), 1989) Safety of skateboard riders.

14 Persons who ride skateboards shall not wear headphones while riding skateboards. (Ord (part), 1989) Consider allowing headphones that only block one ear. This is allowed for bicycles Manner of skateboard operation. No person shall ride a skateboard recklessly, or in such a manner as to cause danger or injury to himself or to others. (Ord (part), 1989) The city may want to add text to this code to ban damage to property by skateboards Enforcement. Any person who violates any provision of this chapter shall be guilty of an infraction and, upon conviction thereof, shall be punishable as provided in Chapter 1.08 of this code. Where any provision of this chapter or of state law with respect to bicycles, roller skates, skateboards and coasters has been violated by any juvenile under the age of eighteen years, in lieu of the institution of criminal proceedings under Chapter 1.08 or of proceedings in the juvenile court, the chief of police may prohibit the operation upon the streets, alleys, and public places in the city for a period not to exceed thirty days of a bicycle, roller skate, skateboard or coaster so used in such violation, and in such event the bicycle, roller skate, skateboard or coaster so used in such violation may be impounded by the chief of police and retained during the period of operation which is prohibited. (Ord , 2001: Ord (part), 1975: Ord (part), 1961: prior code 16.47) Parents of skateboard riders. The parent of any child, and/or the guardian of any ward, shall not authorize or knowingly permit any such child or ward to violate any of the provisions of this chapter. (Ord (part) 1989) From California Vehicle Code: A vehicle is a device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks. At the April 9 th Council meeting, the Council approved updates to the ordinances. A New section was added: Shared-use path. "Shared-use path" means a graded linear area or pathway, paved or unpaved, that is designated for the use of both pedestrians and bicyclists and is not part of a roadway