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SANTA CLARA COUNTY CODE OF ORDINANCES: Division B5 BICYCLES AND SKATEBOARDS*

Copyrighted by SANTA CLARA COUNTY CODE & Municipal Code Corporation, 1998.

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Division B5
BICYCLES AND SKATEBOARDS*

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Cross reference(s)--Traffic regulations, Div. B12.

State law reference(s)--Traffic laws applicable to bicycles, Vehicle Code § 21200.

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CHAPTER I.
IN GENERAL

Sec. B5-1. Penalty.

No fine imposed for any violation of this division shall exceed $5.00.

(Code 1954, § 10.7.41; Ord. No. NS-1004.64, § 1, 5-23-60; Ord. No. NS-1004.114, § 1, 10-21-75)

Sec. B5-2. Riding on sidewalks prohibited generally.

No person shall ride, use or operate a bicycle on any sidewalk or pedestrian path within the unincorporated territory of the County except as herein specifically permitted.

(Code 1954, § 10.7.3-1; Ord. No. NS-1004.64, § 1, 5-23-60)

Sec. B5-3. Juveniles riding on sidewalks.

Children under the age of ten years shall be exempt from the provisions of Section B5-2; provided, that said exemption shall not apply to any child under the age of ten years who fails to exercise or, is incapable of exercising, due care for the rights and safety of all others using any sidewalk or pedestrian path; and, provided further, that in any event said exemption shall not apply to the use and operation of bicycles on any sidewalk or pedestrian path in the front of any business or commercial establishment.

(Code 1954, § 10.7.3-2; Ord. No. NS-1004.64, § 1, 5-23-60)

Sec. B5-4. Riding abreast.

Persons riding or operating bicycles shall not ride more than two abreast, except on paths or parts of a street or highway designed for the exclusive use of bicycles; provided, that all persons permitted to ride, use or operate a bicycle on a sidewalk or pedestrian path shall do so in a single file.

(Code 1954, § 10.7.3-3; Ord. No. NS-1004.64, § 1, 5-23-60)

Sec. B5-5. Passengers.

No person riding or operating a bicycle shall carry or transport another person on said bicycle unless said person carried or transported is seated upon an individual seat or carrier affixed to said bicycle which is separate from that used by the operator. No person shall ride upon a bicycle as a passenger unless said person is seated upon an individual seat or carrier affixed to said bicycle which is separate from that used by the operator of said bicycle.

(Code 1954, § 10.7.3-4; Ord. No. NS-1004.64, § 1, 5-23-60)

Sec. B5-6. Duty to lock.

Every bicycle, when placed or left unattended on or in any public place, shall be securely locked by the operator thereof.

(Code 1954, § 10.7.3-5; Ord. No. NS-1004.64, § 1, 5-23-60)

Sec. B5-6.1. Right-of-way.

The operator of a bicycle emerging from an alley, driveway or building shall, upon approaching a sidewalk or the sidewalk area extending across any alleyway, yield the right-of-way to all pedestrians approaching on said sidewalk or sidewalk area, and upon entering a bicycle lane, shall yield the right-of-way to all bicycles approaching on said lane, and upon entering the roadway shall yield the right-of-way to all vehicles approaching on said roadway.

(Ord. No. NS-1004.106, § 1, 2-1-72)

Sec. B5-6.2. Bicycle lane.

No person shall ride or operate a bicycle upon a roadway adjacent to which or upon which bicycle lanes have been designated, except within such bicycle lane or except as otherwise permitted by the provisions of this chapter.

(Ord. No. NS-1004-106, § 1, 2-1-72)

Sec. B5-6.3. Direction of travel.

No person shall ride or operate a bicycle within a roadway in any direction except that permitted of vehicular traffic traveling on the same side of the roadway.

(Ord. No. NS-1004.106, § 1, 2-1-72)

Sec. B5-6.4. Leaving bicycle lane.

Once having entered a bicycle lane, no person riding or operating a bicycle shall leave such lane except at intersections. Provided, however, that such person may leave a bicycle lane upon dismounting from a bicycle, walking the same, and being subject then to all laws applicable to pedestrians. Provided, further, that such person may leave the bicycle lane between intersections in order to make a U-turn, where such a turn is permissible for vehicular traffic or to turn into driveways on the right or left hand sides of the bicycle lane. Upon leaving a bicycle lane, the rider or operator of such bicycle shall yield the right-of-way to all vehicles and shall not leave the bicycle lane until it is safe to do so.

(Ord. No. NS-1004.106, § 1, 2-1-72)

Sec. B5-6.5. Vehicle on bicycle lane.

No person shall drive a vehicle upon or across a bicycle lane except to enter a driveway and except to park such vehicle or leave a parking space. No person shall drive upon or across a bicycle lane as permitted by this section except after giving the right-of-way to all bicycles within the lane.

(Ord. No. NS-1004.106, § 1, 2-1-72)

Secs. B5-7, B5-8. Reserved.

Editor's note--Sections 2 and 3 of Ord. No. NS-1004.114, adopted October 21, 1975, repealed §§ B5-7 and B5-8, pertaining to the requirement that bicycles be equipped with brakes, lights and reflectors, derived from Code 1954, §§ 10.7.2-1, 10.7.2-2, and Ord. No. NS-1004.64, adopted May 23, 1960.

Secs. B5-9--B5-18. Reserved.

CHAPTER II.
REGISTRATION AND LICENSE

Sec. B5-19. Required.

It shall be unlawful for any person to operate or use a bicycle propelled wholly or in part by muscular power within the unincorporated territory of the County unless said bicycle is registered, licensed and equipped as provided herein. A bicycle means any device upon which a person may ride, which is propelled by human power through a system of belts, chains or gears and which has wheels at last 20 inches in diameter and a frame size of at least 14 inches.

(Code 1954, § 10.7.1-1; Ord. No. NS-1004.64, § 1, 5-23-60; Ord. No. NS-1004.114, § 4, 10-21-75)

Sec. B5-20. License issuance; scope.

The Sheriff's Department of the County is hereby authorized to issue bicycle licenses upon written application, which licenses, when issued, shall entitle the licensee to operate and use said bicycle.

(Code 1954, § 10.7.1-2; Ord. No. NS-1004.64, § 1, 5-23-60)

Sec. B5-21. License plates, registration cards.

The County shall provide bicycle license indicia furnished by the State of California. Each indicia shall bear a unique license number and shall be permanently assigned to a bicycle. It shall be the duty of the Sheriff's Department to attach one such indicia to the front side of down tube and to issue a corresponding registration card or receipt to the licensee upon payment of the license fee herein provided for. The Sheriff's Department shall also keep a record of the date of issue of each license, to whom issued, and the number thereof.

(Code 1954, § 10.7.1-3; Ord. No. NS-1004.64, § 1, 5-23-60; Ord. No. NS-1004.114, § 5, 10-21-75)

Sec. B5-22. Fees.

The fees required to be paid pursuant to this chapter for each new bicycle license and registration certificate, transfer of registration certificate, replacement of a bicycle license or registration, and bicycle renewal shall be the maximum amounts allowed by the provisions of the California Vehicle Code § 39004.

Upon completion of the required written applications, reports and payment of the required fees by applicants, the Sheriffs Department may issue the appropriate licenses and certificates.

Fees collected pursuant to this section shall be retained for the purposes set forth in Vehicle Code § 39004.

(Code 1954, § 10.7.1-9; Ord. No. NS-1004.64, § 1, 5-23-60; Ord. No. NS-1004.99, § 2, 4-8-68; Ord. No. NS-1004.110, § 1, 11-20-73; Ord. No. NS-1004.114, § 6, 10-21-75; Ord. No. NS-1004.122, § 1, 3-16-81)

Sec. B5-23. Exemption from license.

The provisions of Section B5-19 shall not apply to any person not a resident of the unincorporated territory of the County; provided, said bicycle has affixed thereon a valid, unexpired license of any city within the County.

(Code 1954, § 10.7.1-10; Ord. No. NS-1004.64, § 1, 5-23-60)

Sec. B5-24. Dealers to report purchases.

Persons engaged in the business of buying secondhand bicycles are hereby required to make a daily report to the Sheriff's Department specifying:

(a) The name and address of the person from whom each bicycle is purchased;

(b) The description of each bicycle purchased;

(c) The frame number thereof;

(d) The number of the metallic license plate found thereon, if any.

(Code 1954, § 10.7.1-5; Ord. No. NS-1004.64, § 1, 5-23-60)

Sec. B5-25. Dealers to report sales.

All persons engaged in the business of selling new or secondhand bicycles are hereby required to make a daily report to the Sheriff's Department giving a list of all sales made by such dealers, which list shall include:

(a) The name and address of each person to whom a bicycle was sold;

(b) The kind of bicycle sold;

(c) A description and frame number thereof;

(d) The number of the metallic license plate attached thereto, if any.

(Code 1954, § 10.7.1-6; Ord. No. NS-1004.64, § 1, 5-23-60)

Sec. B5-26. Transfer of ownership.

Every person who sells or transfers ownership of any bicycle shall report such sale or transfer by returning to the Sheriff's Department the registration card or receipt issued to such person as licensee, together with the name and address of the person to whom said bicycle was sold or transferred, and such report shall be made within ten days of the date of said sale or transfer. It shall be the duty of the purchaser or transferee of said bicycle to change the indicia registration within ten days of the date of said transfer or sale.

(Code 1954, § 10.7.1-6; Ord. No. NS-1004.64, § 1, 5-23-60; Ord. No. NS-1004.99, § 1, 4-8-68; Ord. No. NS-1004.114, § 7, 10-21-75; Ord. No. NS-1004.122, § 2, 3-16-81)

Sec. B5-27. Damaging, alteration of license plates, cards.

No person shall wilfully 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 indicia or registration card or receipt during the time in which such indicia or registration card or receipt is operative; provided, however, that nothing in this chapter shall prohibit the Sheriff's Department from stamping numbers on the frames of bicycles on which no serial number can be found, or on which said number is illegible or insufficient for identification purposes.

(Code 1954, § 10.7.1-7; Ord. No. NS-1004.64, § 1, 5-23-60; Ord. No. NS-1004.114, § 8, 10-21-75)

Sec. B5-28. Duplicates for lost, damaged plates, cards.

Every license holder shall immediately notify the Sheriff's Department of the loss, destruction or mutilation of any indicia, registration card or receipt. Every registrant shall return his registration card or receipt when the bicycle for which it was issued is destroyed or damaged beyond repair.

(Code 1954, § 10.7.1-8; Ord. No. NS-1004.64, § 1, 5-23-60; Ord. No. NS-1004.64.1, § 1, 7-24-61; Ord. No. NS-1004.114, § 9, 10-21-75; Ord. No. NS-1004.122, § 3, 3-16-81)

Sec. B5-29. Impounding unlicensed bicycles.

The Sheriff, or any of his deputies, may impound and retain possession of any bicycle that does not have affixed thereon a valid indicia until an indicia is obtained by the owner of said bicycle under the provisions of this chapter or under the provisions of any applicable city or County ordinance wherein the owner of said bicycle resides.

(Code 1954, § 10.7.4-2; Ord. No. NS-1004.64, § 1, 5-23-60; Ord. No. NS-1004.114, § 10, 10-21-75)

CHAPTER III.
SKATEBOARDS AND COASTERS

Sec. B5-30. Restriction on use of skateboards and coasters.

It shall be unlawful for any person to skate, to ride, or to propel a skateboard, coaster, or similar device on or within any building, facility, space, or land hereinafter designated:

Property of the board of trustees of the Leland Stanford Junior University within the area of the central academic campus described as follows: Beginning at the intersection of El Camino Real (Highway 82) and Serra Street, then going west to Palm Drive, then going south to Campus Drive West, then going west and south on Campus Drive West to Junipero Serra Boulevard, then east on Junipero Serra Boulevard to Campus Drive East, then east and north on Campus Drive East to the intersection of Serra Street, then east and north on Serra Street to the intersection of El Camino Real and Serra Street, said described area shall include the outermost sidewalks along the boundary streets.

(Ord. No. NS-1004.131, § 2, 4-7-92)

Sec. B5-31. Penalty.

No fine imposed for any violation of this chapter shall exceed $100.00.

(Ord. No. NS-1004.131, § 2, 4-7-92)

CHAPTER IV.
ROLLER SKATES AND IN-LINE SKATES

Sec. B5-32. Property of the board of trustees of Leland Stanford Junior University within Santa Clara County.

For purposes of this chapter, "property of the board of trustees of Leland Stanford Junior University within Santa Clara County" shall mean:

Beginning at the intersection of El Camino Real (Highway 82) and Stanford Avenue, then going south to Peter Coutts Road, then going east to Page Mill Road, then going south to Arastradero Road, then going west to Alpine Road, then going north to Sand Hill Road, then going northeast to Arboretum Road, then going east to Quarry Road, then going north to El Camino Real (Highway 82), then going east to the intersection of El Camino Real (Highway 82) and Stanford Avenue.

(Ord. No. NS-1004.134, § 1, 4-28-98)

Sec. B5-33. Restricted areas.

On the property of the board of trustees of the Leland Stanford Junior University within Santa Clara County, it shall be unlawful for any person to skate, ride or propel roller skates, in-line skates or similar devices on or within any:

(a) Building;

(b) Courtyard;

(c) Parking garage (structure);

(d) Entryway;

(e) Tennis court;

(f) Construction site;

(g) Stairway, railing, wall, fountain, bench or any other outdoor structure or furnishing not intended for travel.

(Ord. No. NS-1004.134, § 1, 4-28-98)

Sec. B5-34. Restricted actions.

It shall be unlawful for any person to skate, ride or propel roller skates, in-line skates or similar devices on the property of the board of trustees of the Leland Stanford Junior University within Santa Clara County, in the following manner:

(a) Perform any tricks, stunts, any form of acrobatic actions or other actions that are likely to cause injury or damage property;

(b) Travel at a speed greater than is reasonable and prudent having due regard for the pedestrian or vehicle traffic, width of the sidewalk or roadway, and in no event at a speed which endangers the safety of persons, animals or property;

(c) Impede or interfere with the flow of vehicular traffic;

(d) Fail to yield to all pedestrians on sidewalks or roadways, including at or in marked or unmarked crosswalks;

(e) Fail to obey all stop signs, traffic signals, yield signs and other such traffic control devices;

(f) Suddenly leave a curb or other place of safety and travel into the path of a vehicle which is so close as to constitute an immediate hazard;

(g) Hitch rides by attaching oneself to any vehicle or other motive device, or allow a person to hitch a ride on any vehicle or motive device.

(Ord. No. NS-1004.134, § 1, 4-28-98)

Sec. B5-35. Penalty.

No penalty for violation of this chapter shall exceed $100.00.

(Ord. No. NS-1004.134, § 1, 4-28-98)

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