San Jose Municipal Code Ch. 11.72 Bicycles

Footnotes:

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State Law reference— For statutory provisions on bicycle licensing, see Vehicle Code § 39000 et seq.; for provisions on local regulation of bicycles, see Vehicle Code § 21206.

Editor's note— Ord. 29515, adopted Dec. 9, 2014, renumbered former § 11.72.010, which pertained to bicycle defined, as § 11.04.021 as set out in Ch. 11.04.

Editor's note— Ord. 28855, adopted November 30, 2010, repealed § 11.72.020, which pertained to bicycle license requirement.

Editor's note— Ord. 28855, adopted November 30, 2010, repealed § 11.72.030, which pertained to bicycle license issuance and recordkeeping requirements.

Editor's note— Ord. 28855, adopted November 30, 2010, repealed § 11.72.040, which pertained to bicycle license fees.

Editor's note— Ord. 28855, adopted November 30, 2010, repealed § 11.72.050, which pertained to bicycle license term and renewal.

Editor's note— Ord. 28855, adopted November 30, 2010, repealed § 11.72.060, which pertained to transfer of bicycle ownership and notification of police department.

Editor's note— Ord. 28855, adopted November 30, 2010, repealed § 11.72.070, which pertained to change of address of bicycle owner and notification of police department.

Each bicycle retailer shall supply to each purchaser a record of the following information: Name of retailer, address of retailer, year and make of bicycle, and serial number of bicycle. No bicycle retailer shall sell any new bicycle in this city unless such bicycle has permanently stamped or cast on its frame a serial number unique to the particular bicycle of each manufacturer. Serial numbers shall be stamped or cast in the head of the frame, either side of the seat down post tube or the bottom sprocket bracket.

(Prior code § 3405.)

Every bicycle when placed or left unattended on a street or other public place shall be securely locked by the operator thereof.

(Prior code § 3409.)

The city traffic engineer on the basis of a traffic and engineering study shall determine and designate areas for the installation of bicycle racks for "regular bicycle parking," and shall indicate such areas by appropriate markings on the street and/or sidewalk and by the installation of bicycle racks. "Regular bicycle parking" is defined as that consistent day-by-day parking of bicycles that can be measured and for which the reservation of curb space is found by the city traffic engineer to be justified. The city traffic engineer shall establish standard bicycle regulations for bicycle racks in keeping with safety, economy, and usage.

(Prior code § 3412.)

It is unlawful for any person to park a bicycle on any street or sidewalk in any block in which a bicycle rack has been installed except on a bicycle rack. In blocks in which no bicycle rack is provided bicycles shall be parked on the outside edge of the sidewalk in an upright position and independent of other bicycles. In no event shall more than one-half of the width of the sidewalk be occupied by bicycles.

(Prior code § 3415.)

An operator of a business that attracts or may attract bicycles shall be responsible for providing bicycle parking facilities in excess of the number provided for "regular bicycle parking." Permits may be obtained from the city traffic engineer for the use of curb space by bicycle racks under the following conditions:

A. That the rack be provided by the applicant;

B. That the construction of the rack meet the specifications of the city traffic engineer;

C. That the installation of the rack meet with the approval of the city traffic engineer;

D. That such other regulations that the city traffic engineer may impose be complied with.

(Prior code § 3414.)

The city traffic engineer may issue permits for the use of parking meter spaces or other curb space by bicycle racks for "irregular and excessive bicycle parking," when he finds the need for such racks exists. "Irregular and excessive bicycle parking" is defined as the gathering of large numbers of bicycles at regular or infrequent times as a result of a business or public attraction.

(Prior code § 3413.)

The police department of the city as well as any member thereof may impound and retain possession of any bicycle operated, parked or used in violation of any of the provisions of this chapter, and may retain possession of any such bicycle until criminal proceedings for the violation resulting in the impounding have been terminated and the judgment satisfied, and all charges and expenses incurred by reason of the impounding, including but not limited to storage charges, have been paid by the owner of the bicycle. The police department and members thereof hereby are authorized to store any bicycles impounded in garages or other suitable places and to incur storage charges therefor. Such storage charges shall be paid by the owner of the bicycle.

(Prior code § 3416; Ord. 28855.)

Bicycles may be walked on a roadway subject to all provisions of law applicable to pedestrians.

(Prior code § 3424.)

The operator of a bicycle emerging from an alley, driveway or building shall, upon approaching a sidewalk or the sidewalk area extending across any alleyway, yield the right-of-way to all pedestrians approaching on said sidewalk or sidewalk area, and upon entering a bicycle lane, shall yield the right-of-way to all bicycles approaching on said lane, and upon entering the roadway shall yield the right-of-way to all vehicles approaching on said roadway.

(Prior code § 3419.)

Editor's note— Ord. 29547, § 3, adopted April 21, 2015, repealed § 11.72.180, which pertained to bicycle lane signs and derived from prior code § 3426.

It shall be unlawful to ride or operate a bicycle on any sidewalk located within any designated area.

(Ord. 29515.)

A. Notwithstanding Section 11.72.190 of this chapter, or any other section of this Code, police officers may ride or operate bicycles in the performance of their duties on sidewalks within a designated area.

B. Notwithstanding Section 11.72.190 of this chapter, or any other section of this Code, any person twelve years of age or under may ride or operate bicycles on sidewalks within a designated area.

C. Notwithstanding Section 11.72.190 of this chapter, or any other section of this Code, any adult accompanying a person twelve years of age or under riding a bicycle or transporting a person twelve years of age or under, may ride or operate a bicycle on sidewalks within a designated area.

D. Notwithstanding Section 11.72.190 of this chapter or any other section of this Code, any person may ride or operate a bicycle on those portions of sidewalks within a designated area where there is an obstruction in the bicycle lane adjacent to the sidewalk.

(Ord. 29515.)