Los Angeles Municipal Code § 45.96 Prohibition Against Discrimination by Clubs or Organizations Which Are Not Distinctly

After public hearings and receipt of testimony, the City Council finds and declares:

That the City of Los Angeles wants to encourage people to ride bicycles rather than drive motor vehicles in order to lessen traffic congestion and improve air quality;

That harassment of bicyclists on the basis of their status as bicyclists exists in the City of Los Angeles;

That existing criminal and civil laws do not effectively prevent the unlawful harassment of bicyclists because of their status as bicyclists;

That riding a bicycle on City streets poses hazards to bicyclists, and that these hazards are amplified by the actions of persons who deliberately harass and endanger bicyclists because of their status as bicyclists; and

That because people have a right to ride a bicycle in the City of Los Angeles and should be able to do so safely on City streets, it is against the public policy of the City of Los Angeles to harass a bicyclist upon the basis of the person’s status as a bicyclist.

The following words and phrases, whenever used in this Article, shall be construed as defined in this Section. Words and phrases not defined herein shall be construed as defined in Section 12.03 of this Code, if defined therein.

A. Bicycle. A device upon which any person may ride, propelled exclusively by human power through a belt, chain or gears, and having one or more wheels.

B. Bicyclist. A person riding a bicycle.

A person shall not do or attempt to do any of the following:

A. Physically assault or attempt to physically assault a Bicyclist because of, in whole or in part, the Bicyclist’s status as a Bicyclist.

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

C. Intentionally injure, attempt to injure, or threaten to physically injure, either by words, vehicle, or other object, a Bicyclist because of, in whole or in part, the Bicyclist’s status as a Bicyclist.

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

E. Intentionally force or attempt to force a Bicyclist off a street for purposes unrelated to public safety.

A. Any aggrieved person may enforce the provisions of this Article by means of a civil lawsuit.

B. Any person who violates the provisions of this Article shall be liable for treble the actual damages with regard to each and every such violation, or $1,000, whichever is greater, and shall be liable for reasonable attorneys’ fees and costs of litigation. In addition, a jury or a court may award punitive damages where warranted.

C. Notwithstanding Section 11.00(m) of this Code, violations of any of the provisions of this Article shall not constitute a misdemeanor or infraction, except where such actions, independently of this Article, constitute a misdemeanor or infraction.

D. The remedies provided by the provisions of this Article are in addition to all other remedies provided by law, and nothing in this Article shall preclude any aggrieved person from pursuing any other remedy provided by law.