Oakland Municipal Code Ch. 12.61 Vulnerable Road and Sidewalk User Protection

The following words and phrases, whenever used in this chapter, shall be defined as follows:

A. "Bicyclist" is a person riding on a bicycle or electric motorized bicycle.

B. "Bicycle" shall have the same meaning as that term is defined in California Vehicle Code Section 231 as it exists or may be amended hereafter.

C. "Electric motorized bicycle" shall have the same meaning as the term "motorized bicycle" or "low-speed electric bicycle" is defined in California Vehicle Code Section 406(b) as it exists or may be amended hereafter.

D. "Electrically motorized quadricycle" and "electrically motorized tricycle" shall have the same meaning as those terms are defined in California Vehicle Code Section 407 as it exists or may be amended hereafter.

E. "Highway" shall have the same meaning as California Vehicle Code Section 360 as it exists or may be amended hereafter.

F. "Motor vehicle" shall have the same meaning as California Vehicle Code Section 415 as it exists or may be amended hereafter.

G. "Pedestrian" is a person who is, afoot, or who by reason of physical disability, is otherwise unable to ambulate by foot and is operating a human powered wheel chair, an electrically self-propelled wheelchair, an electrically motorized quadricycle, or an electrically motorized tricycle.

H. "Roadway" shall have the same meaning as California Vehicle Code Section 530 as it exists or may be amended hereafter.

I. "Sidewalk" shall have the same meaning as California Vehicle Code Section 555 as it exists or may be amended hereafter.

J. "Street" shall have the same meaning as California Vehicle Code Section 590 as it exists or may be amended hereafter.

K. "Vehicle" shall have the same meaning as California Vehicle Code Section 670 as it exists or may be amended hereafter.

L. "Vulnerable user" is a pedestrian or bicyclist using a public sidewalk, roadway, street and/or highway that allows use by bicyclists or pedestrians. This subsection does not abrogate existing laws governing the use of bicycles, electrically motorized quadricycles or electrically motorized tricycles on sidewalks.

(Ord. No. 13223, § 1, 4-22-2014)

All persons shall comply with the following restrictions in Oakland, on a public sidewalk, roadway, street and/or highway that allows use by bicyclists or pedestrians, and where Division 11 of the California Vehicle Code is enforceable:

A. A person operating a motor vehicle shall not assault a vulnerable user because of, in whole or in part, a vulnerable user's status as a pedestrian or bicyclist.

B. A person operating a motor vehicle shall not intentionally inflict emotional distress upon a vulnerable user because of, in whole or in part, a vulnerable user's status as a pedestrian or bicyclist.

C. A person operating a motor vehicle shall not commit a battery upon a vulnerable user because of, in whole or in part, a vulnerable user's status as a pedestrian or bicyclist.

D. A person operating a motor vehicle shall not intentionally pass a vulnerable user in an unsafe manner (as defined in California Vehicle Code Section 21760).

E. A person operating a motor vehicle or bicycle shall not intentionally fail to yield the right-of-way to a Pedestrian because of, in whole or in part, a vulnerable user's status as a pedestrian, in a manner which is contrary to California Vehicle Code Chapter 5 of Division 11 (Pedestrians' Rights and Duties).

(Ord. No. 13223, § 1, 4-22-2014)

A. Any aggrieved vulnerable user may enforce the provisions of this chapter by means of a civil lawsuit.

B. Any person who violates the provisions of this chapter shall be liable for treble the actual damages with regard to each and every such violation, or $1,000.00, 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.

C. Violations of any of the provisions of this chapter shall not be construed to constitute a misdemeanor or infraction under this Code, notwithstanding Chapter 1.28 (General Penalty). But such conduct may constitute a public offense, misdemeanor or infraction independent of this Code.

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

(Ord. No. 13223, § 1, 4-22-2014)