Cupertino Municipal Code Ch. 11.08 Bicycles\

* Prior ordinance history: Ords. 708, 741, 1068, 1071, 1173, 1228 and 1381.

* For statutory provisions authorizing local authorities to pass ordinances not in conflict with state law with respect to the operation, use, licensing, and equipment of bicycles, see Veh. Code § 21206; for statutory provisions authorizing local authorities to establish bicycle lanes, and to regulate the operation of bicycles and vehicles with respect thereto, see Veh. Code § 21207; for statutory provisions setting forth certain equipment requirements for bicycles, see Veh Code § 21201 and Veh. Code § 21201.5; for statutory provisions relating to the registration and licensing of bicycles, see Veh. Code § 39000 et. seq.

“Bicycle,” for the purposes of this chapter, means a device upon which any person may ride, propelled exclusively by human power through a belt, chain or gears having one or more wheels.

(Ord. 1420, (part), 1987)

A “motor-driven cycle” is any motorcycle, including every motor scooter, with a motor which produces less than fifteen gross brake horsepower, and every bicycle with motor attached. “Motor-driven cycle” does not include a "motorized bicycle" as defined in Section 11.08.012.

(Ord. 1420, (part), 1987)

A “motorized bicycle” or “moped” is any two-wheeled or three-wheeled device having fully operational pedals for propulsion by human power, or having no pedals if powered solely by electrical energy, and an automatic transmission and a motor which produces less than two gross brake horsepower and is capable of propelling the device at a maximum speed of not more than thirty miles per hour on level ground.

(Ord. 1420, (part), 1987)

A “motorized quadricycle” is a four-wheeled device designed to carry not more than two persons, including the driver, and having either an electric motor or a motor with an automatic transmission developing less than two gross brake horsepower and capable of propelling the device at a maximum speed of not more than thirty miles per hour on level ground. The device shall be utilized only by a person who by reason of physical disability is otherwise unable to move about as a pedestrian, or by a senior citizen as defined in Section 13000 of the California Vehicle Code.

(Ord. 1420, (part), 1987)

“Roller skates” are any footwear, or device which may be attached to the foot or footwear, to which wheels are attached, including wheels that are “in line” and where such wheels may be used to aid the wearer in moving or propulsion.

(Ord. 1767, (part), 1997)

“Skateboard” is any board of any material, which has wheels attached to it and is propelled or moved by human, gravitational, or mechanical power, and to which there is not fixed any device or mechanism to turn or control the wheels.

(Ord. 1767, (part), 1997)

There are conferred upon the City Manager those powers and duties necessary for the administration of this chapter. In addition, there is also conferred upon the City Manager the authority and power to designate such officers and employees of the City, and of other cooperating public agencies, such as either the Central Fire District or the Sheriff’s Department, as well as private persons such as bicycle retailers, as may be required to assist him in carrying out the intent and purpose of this chapter.

(Ord. 1420, (part), 1987)

It is unlawful for any person to tamper with, destroy, mutilate or alter any serial number or the manufacturer’s identifying marks on any bicycle frame.

(Ord. 20-2214, 2020; Ord. 1420, (part), 1987)

No person shall operate a bicycle on any roadway or other property within the jurisdiction of the City unless it is equipped in conformance with Section 21201 of the California Vehicle Code.

(Ord. 1420, (part), 1987)

Every person riding a bicycle upon a highway has all the rights and is subject to all the provisions applicable to the driver of a vehicle by this title, including, but not limited to, provisions dealing with driving under the influence of alcoholic beverages or drugs, and by the California Vehicle Code’s Division 10 (commencing with Section 20000), Section 27400, Division 16.7 (commencing with Section 39000), Division 17 (commencing with Section 40000), except those provisions which by their very nature can have no application.

(Ord. 1420, (part), 1987)

A. Any person operating a bicycle upon a roadway at a speed less than the normal speed of traffic moving in the same direction at such time shall ride as close as practicable to the right-hand curb or edge of the roadway, except under any of the following situations:

1. When overtaking and passing another bicycle or vehicle proceeding in the same direction;

2. When preparing for a left turn at an intersection or into a private road or driveway;

3. When reasonably necessary to avoid conditions (including, but not limited to, fixed or moving objects, vehicles, bicycles, pedestrians, animals, surface hazards or substandard width lanes) that make it unsafe to continue along the right-hand curb or edge, subject to the provisions of Section 21656. For purposes of this section, a “substandard width lane” is a lane that is too narrow for a bicycle and a vehicle to travel safely side by side within the lane.

B. Any person operating a bicycle upon a roadway of a highway, which highway carries traffic in one direction only and has two or more marked traffic lanes, may ride as near the left-hand curb or edge of such roadway as practicable.

(Ord. 1420, (part), 1987)

No person shall ride, use or operate a bicycle on any sidewalk within the City except as specifically permitted in this chapter.

(Ord. 17-2161, 2017; Ord. 1649, 1994; Ord. 1560, 1991; Ord. 1420, (part), 1987)

No person riding upon any motorcycle, motorized bicycle, bicycle, coaster, roller skates, sled or toy vehicle shall attach the same or herself/himself to any streetcar or vehicle on the roadway.

(Ord. 1420, (part), 1987)

The prohibition in Section 11.08.160 against riding, using, or operating a bicycle on a sidewalk shall not apply to the following:

A. A child age twelve years and under.

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.

D. Any person riding, using or operating a bicycle on the north side of Pacifica Drive, between Regnart Creek Trail and Torre Avenue.

E. Any person riding, using or operating a bicycle on the east side of Finch Avenue, between Tilson Ave and 200 feet north of Calle de Barcelona.

(Ord. 17-2161, 2017; Ord. 1420, (part), 1987; Ord. 24-2267, Att. A (part), 2024)

A. Whenever a bicycle lane has been established on a roadway pursuant to Section 21207 of the California Vehicle Code, any person operating a bicycle upon the roadway at a speed less than the normal speed of traffic moving in the same direction shall ride within the bicycle lane, except that such person may move out of the lane in any of the following situations:

1. When overtaking and passing another bicycle, vehicle or pedestrian within the lane or about to enter the lane if such overtaking and passing cannot be done safely within the lane;

2. When preparing for a left turn at an intersection or into a private road or driveway;

3. When reasonably necessary to leave the bicycle lane to avoid debris or other hazardous conditions.

B. No person operating a bicycle shall leave a bicycle lane until the movement can be made with reasonable safety, and then only after giving an appropriate signal in the manner provided in Chapter 6 (commencing with Section 22100) of the California Vehicle Code in the event that any vehicle may be affected by the movement.

(Ord. 1420, (part), 1987)

Bicycles may be walked at any time, subject to all provisions of law applicable to pedestrians.

(Ord. 1420, (part), 1987)

A. No person operating a bicycle upon a highway shall ride other than upon or astride a permanent and regular seat attached thereto.

B. No operator shall allow a person to ride as a passenger, and no person shall ride as a passenger, on a bicycle upon a highway other than upon or astride a separate seat attached thereto.

If the passenger is a minor weighing forty pounds or less, the seat shall have adequate provision for retaining the minor in place and for protecting the minor from the moving parts of the bicycle.

(Ord. 1420, (part), 1987)

No person operating a bicycle shall carry any package, bundle or article which prevents the operator from keeping at least one hand upon the handlebars.

(Ord. 1420, (part), 1987)

A. Whenever a bicycle lane has been established on a roadway pursuant to Section 21207 of the California Vehicle Code, any person operating a motor vehicle on such roadway shall not drive in the bicycle lane except to park where parking is permitted, to enter or leave the highway, or to prepare for a turn.

B. This section does not prohibit the use of a motorized bicycle in a bicycle lane pursuant to Section 21207.5 of the California Vehicle Code; provided, that no person shall operate a motorized bicycle upon a bicycle lane at a speed greater than is reasonable or prudent having due regard for visibility and the traffic on, and the surface of, the bicycle lane, and in no event in a manner which endangers the safety of bicyclists utilizing the bicycle lane.

(Ord. 1420, (part), 1987)

The City may impound and retain possession of any bicycle in violation of the provisions of this chapter, and may retain possession of such bicycle until the provisions of this chapter are complied with. In addition, a fine may be imposed for any violation of this chapter pursuant to Section 11.08.310.

(Ord. 1420, (part), 1987)

The City Manager, upon approval of the City Council, is authorized to erect or place signs upon any street in the city indicating the existence of a bicycle lane, and otherwise regulating the location and use of vehicles and bicycles with respect to them, so long as the same are consistent with this chapter. Before such a sign is erected, the subject bicycle lane shall be designated on such streets by an approved painting or sign, or in such other manner as the City Manager shall determine will provide sufficient notice of the existence of such bicycle lane. When such a painting or sign is in place, no person shall disobey it.

DESIGNATION OF BICYCLE LANES

Street Description Side

Foothill Boulevard Freeway 280 to Stevens Creek

Boulevard Both

Bubb Road Stevens Creek Boulevard to

Rainbow Drive Both

Mary Avenue Meteor to Stevens Creek Boulevard Both

Stelling Road Homestead Road to Rainbow Drive Both

Kim Street Kirwin Lane to Bollinger Road Both

Blaney Avenue Homestead to Stevens Creek

Boulevard Both

Tantau Ave Homestead Road to Stevens

Creek Boulevard Both

Homestead Road Grant Road to Swallow Drive Both

Pruneridge Avenue Wolfe Road to Tantau Avenue Both

Mariani Avenue De Anza Boulevard to Merritt Drive Both

Vallco Parkway Wolfe Road to Tantau Avenue Both

McClellan Road Byrne Avenue to Stelling Road Both

Bollinger Road Miller Avenue to Narciso Court Both

Rainbow Drive

(Saratoga-Sunnyvale

Road) Stelling Road to DeAnza Boulevard Both

Stevens Creek

Boulevard East City Limit to the West City Limit Both

De Anza Boulevard Homestead Road to State Route 85 Both

South Stelling Road Homestead Road to Prospect Road Both

Prospect Road Stelling Road to De Anza Boulevard Both

Miller Avenue Calle De Barcelona To Bollinger Road Both

Wolfe Road Homestead Road to Stevens Creek Boulevard Both

Foothill Boulevard Interstate Route 280 to McClellan Road Both

Bollinger Road Westlynn Way to the East City Limit Both

Blaney Avenue Stevens Creek Boulevard to Bollinger Road Both

De Anza Boulevard Homestead Road to Bollinger Road Both

De Anza Boulevard State Route 85 to Prospect Road Both

Rodrigues Avenue De Anza Boulevard to Blaney Avenue Both

Torre Avenue Stevens Creek Boulevard to Rodrigues Avenue Both

(Ord. 14-2120; Ord. 2091, 2012; Ord. 2063, 2010; Ord. 1873, 2001; Ord. 1870, 2001; Ord. 1856, 2000; Ord. 1848, 2000; Ord. 1766, 1997; Ord. 1759, 1997; Ord. 1745, 1996; Ord. 1740, 1996; Ord. 1731 (part), 1996; Ord. 1544, 1991; Ord. 1517, 1990; Ord. 1420 (part), 1987)

The City Manager, upon approval of the City Council, is authorized to erect or place signs upon any street in the City indicating the existence of a bicycle route, and otherwise regulating the location and use of vehicles and bicycles with respect to them, so long as the same are consistent with this chapter. Before such a sign is erected, the subject bicycle route shall be designated on such streets by an approved sign, or in such other manner as the City Manager determines will provide sufficient notice of the existence of such bicycle route.

DESIGNATION OF BICYCLE ROUTE

(Ord. 2064, 2010; Ord. 1872, 2001; Ord. 1864, 2000; Ord. 1739, 1996; Ord. 1731 (part), 1996; Ord. 1420 (part), 1987)

It is unlawful and subject to punishment in accordance with Section 11.08.280 of this chapter, for any person utilizing or riding upon any skateboard, roller skates or any similar device to ride or move about in or on any public property when the same property has been designated by the City Council and posted as a “No Skateboarding or Roller Skating Area.” The following are established as a no skateboarding or roller skating areas:

Civil Center Plaza (City Hall/Library).

Veteran’s Memorial (in Memorial Park).

(Ord. 2026, 2008; Ord. 1916, (part), 2003; Ord. 1898, 2002; Ord. 1767, (part), 1997)

Any person who violates any provision of this chapter shall be guilty of an infraction, and, upon conviction thereof, shall be punished as provided in Chapter 1.12, except that no fine imposed for violation of any licensing and registration provisions of this chapter shall exceed ten dollars.

(Ord. 1886, (part), 2001; Ord. 1767, (part), 1997; Ord. 1420, (part), 1987)