SAN FRANCISCO
MUNICIPAL TRANSPORTATION AGENCY
DIVISION: Sustainable Streets Division
BRIEF DESCRIPTION:
Amending San Francisco Transportation Code, Division II, by amending Section 1007 to prohibit Bicycle Riding on any Sidewalk except for Children under the age of 13 unless otherwise posted.
SUMMARY:
· This is an amendment to Section 1007 of Division II of the Transportation Code pertaining to bicycle riding on sidewalks.
· No law or policy change will take place because of this change. This change only clarifies existing laws pertaining to bicycle riding on sidewalks.
· On January 1, 2010, an amendment to the California Vehicle Code went into effect that allows bicycle riding on sidewalks unless otherwise prohibited by local ordinance.
ENCLOSURES:
1. SFMTAB Resolution
2. Amendment to Section 1007 of Division II of the Transportation Code
APPROVALS: DATE
DIRECTOR OF DIVISION
PREPARING ITEM ______________________________________ ____________
FINANCE ___________________________________________ ____________
EXECUTIVE DIRECTOR/CEO ____________________________ ____________
SECRETARY ___________________________________________ ____________
ADOPTED RESOLUTION
BE RETURNED TO____Ricardo Olea______
ASSIGNED SFMTAB CALENDAR DATE: __________________________
PURPOSE
Resolution amending San Francisco Transportation Code, Division II, by amending Section 1007 to prohibit Bicycle Riding on any Sidewalk except for Children under the age of 13 unless otherwise posted.
GOAL
Goal 1 – Customer Focus: To provide safe, accessible, clean, environmentally sustainable service and encourage the use of auto-alternative modes through the Transit First Policy.
DESCRIPTION
In 1978, Ordinance 394-78 added Section 96 to the former San Francisco Traffic Code restricting bicycle riding on sidewalks with an exemption for minors under the age of 13:
SEC. 96. BICYCLE RIDING RESTRICTED. It shall be unlawful to ride a bicycle upon any sidewalk area, except at a permanent or temporary driveway or on bikeways heretofore or hereafter established by resolution of the Board of Supervisors; provided, however, that juveniles under the age of 13 and riding a sidewalk bicycle, exercising due care and giving the pedestrian the right-of-way, may ride and operate their sidewalk bicycles upon the sidewalk, except such sidewalks as are in front of schools, stores, or buildings used for business purposes.
As part of the Transportation Code changes approved by the Board of Supervisors and SFMTA Board of Directors after the passage of Proposition A, sidewalk bicycle riding restrictions were added to both Division I and Division II sections of the new Transportation Code. The first regulation, contained in Division I of the Transportation Code, establishes the violation:
SEC. 7.2.12. BICYCLE RIDING RESTRICTED. To ride a bicycle upon any sidewalk in violation of any restriction on riding bicycles on sidewalks set forth in Section 1007 of Division II.
The second regulation is in Division II and currently reads as follows:
SEC. 1007. - SIDEWALK BICYCLE RIDING BY CHILDREN. Children under the age of 13 may ride a Sidewalk Bicycle on any sidewalk except as otherwise posted.
Currently, Transportation Code Sections 7.2.12 and Section 1007 read together do not restrict bicycle riding in the same manner as former Traffic Code Section 96. The proposed legislation restores the long-standing bicycle riding prohibitions aimed at ensuring bicyclist and pedestrian safety.
When the Transportation Code was drafted, sidewalk bicycle riding was already prohibited since the California Vehicle Code prohibited the operation of vehicles on sidewalks. Because bicycle riders are also subject to the same restrictions as vehicle drivers pursuant to California Vehicle Code section 21200, bicycle riding on the sidewalk was also prohibited. However, in January 1, 2010, an amendment to California Vehicle Code Section 21650 took effect that allowed sidewalk riding by bicycles unless otherwise prohibited by local ordinance (the bold portion is the amended language):
21650. Upon all highways, a vehicle shall be driven upon the right half of the roadway, except as follows:
(a) When overtaking and passing another vehicle proceeding in the same direction under the rules governing that movement.
(b) When placing a vehicle in a lawful position for, and when the vehicle is lawfully making, a left turn.
(c) When the right half of a roadway is closed to traffic under construction or repair.
(d) Upon a roadway restricted to one-way traffic.
(e) When the roadway is not of sufficient width.
(f) When the vehicle is necessarily traveling so slowly as to impede the normal movement of traffic, that portion of the highway adjacent to the right edge of the roadway may be utilized temporarily when in a condition permitting safe operation.
(g) This section does not prohibit the operation of bicycles on any shoulder of a highway, on any sidewalk, on any bicycle path within a highway, or along any crosswalk or bicycle path crossing, where the operation is not otherwise prohibited by this code or local ordinance.
The City Attorney’s Office has reviewed this report.
ALTERNATIVES CONSIDERED
None
FUNDING IMPACT
None
OTHER APPROVALS RECEIVED OR STILL REQUIRED
None
RECOMMENDATION
SFMTA staff recommend approval of the enclosed resolution amending San Francisco Transportation Code, Division II, Section 1007 to prohibit bicycle riding on sidewalks unless otherwise permitted.
SAN FRANCISCO
MUNICIPAL TRANSPORTATION AGENCY
BOARD OF DIRECTORS
RESOLUTION No. ______________
WHEREAS, It has been the policy of the City and County of San Francisco to prohibit bicycle riding on sidewalks; and,
WHEREAS, Effective January 1, 2010, the California Vehicle Code was amended to permit bicycle riding on the sidewalk unless otherwise prohibited by the California Vehicle Code or local law; and,
WHEREAS, SFMTA staff recommend amending Transportation Code, Division II Section 1007 to expressly prohibit bicycle riding on sidewalks unless otherwise permitted; now, therefore, be it
RESOLVED, The Board of Directors approves the amendment to Section 1007 of Division II of the Transportation Code to prohibit bicycle riding on sidewalks unless otherwise permitted.
I certify that the foregoing resolution was adopted by the San Francisco Municipal Transportation Agency Board of Directors at its meeting of ___________________________.
______________________________________
Secretary to the Board of Directors
San Francisco Municipal Transportation Agency
[Prohibiting Bicycle Riding on Sidewalks.]
Resolution amending San Francisco Transportation Code, Division II, by amending Section 1007 to prohibit Bicycle Riding on any Sidewalk except for Children under the age of 13 unless otherwise posted.
NOTE: Additions are [begin addition] single-underline Times New Roman [end addition] ;
deletions are [begin deletion] strike-through Times New Roman [end deletion] .
The Municipal Transportation Agency Board of Directors of the City and County of San Francisco enacts the following regulations:
Section 1. Article 1000 of Division II of the Transportation Code is hereby amended by amending Section 1007, to read as follows:
Sec. 1007. [begin deletion] SIDEWALK [end deletion] BICYCLE RIDING [begin addition] ON
SIDEWALKS [end addition] [begin deletion] BY
CHILDREN [end deletion] .
[begin addition] Bicycle
riding on any sidewalk is prohibited except that [end addition] [begin deletion] C [end deletion] [begin addition] c [end addition] hildren under the age of 13 may ride a [begin deletion] Sidewalk [end deletion] Bicycle on any
sidewalk except as otherwise posted.
APPROVED AS TO FORM:
DENNIS J. HERRERA, City Attorney
By:
JOHN I. KENNEDY
Deputy City Attorney
I certify that the foregoing resolution was adopted by the San Francisco Municipal Transportation Agency Board of Directors at its meeting of June 1st, 2010.
Secretary to the Board of Directors
San Francisco Municipal Transportation Agency