Berkeley Municipal Code Ch. 14.26 Prohibiting Harassment of Bicyclists

Harassment of bicyclists in Berkeley occurs solely based on their status as bicyclists. Persons who harass bicyclists solely based on their status as bicyclists endanger bicyclists and discourage bicyclists from using bicycles for transportation. (Ord. 7221-NS § 1 (part), 2012)

"Bicycle" shall have the same definition as set forth in Vehicle Code section 231.

"Bicyclist" shall mean a person riding a Bicycle. (Ord. 7221-NS § 1 (part), 2012)

A person is prohibited by this Section from doing or attempting to do the following:

A. Physically assaulting a Bicyclist because of, in whole or in part, the Bicyclist’s status as a Bicyclist.

B. Threatening to physically assault or injure a Bicyclist because of, in whole or in part, the Bicyclist’s status as a Bicyclist.

C. Intentionally injuring a Bicyclist because of, in whole or in part, the Bicyclist’s status as a Bicyclist.

D. Intentionally distracting a Bicyclist because of, in whole or in part, the Bicyclist’s status as a Bicyclist.

E. Intentionally forcing a Bicyclist off a roadway for a purpose unrelated to public safety. (Ord. 7221-NS § 1 (part), 2012)

A. An aggrieved Bicyclist may bring a civil lawsuit, including a small claims court action, against a person who violates this Chapter.

B. A person who violates this Chapter shall be liable for (1) treble compensatory damages for each violation, or $1,000, whichever is greater, and (2) attorney’s fees and costs of suit. Additionally, a jury or court may award punitive damages, if warranted.

C. Violations of this Chapter shall not be considered a criminal offense, except where the underlying act independent of this Chapter constitutes a criminal offense.

D. The remedies provided in this Section are in addition to other remedies that may be provided by law. Nothing in this Chapter is intended to preclude a Bicyclist from pursuing any other remedy at law in addition to the remedies provided here. (Ord. 7221-NS § 1 (part), 2012)