Santa Clara County Municipal Code Ch. IX Harassment on County Highways

The board of supervisors finds that:

(a) People should be able to use highways in the unincorporated area of the County of Santa Clara without being harassed;

(b) All highway users are vulnerable to harassment; and

(c) It is against the county's policy to allow harassment of highway users.

(Ord. No. NS-642, § 1, 11-3-15)

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

(a) The term "bicycle" is as defined in California Vehicle Code section 231.

(b) The term "highway" is as defined in California Vehicle Code section 360.

(c) The term "highway user" is defined as a person using a county highway, including, but not limited to, the following:

(1) A pedestrian;

(2) A person riding a bicycle;

(3) A person riding an animal such as a horse; and

(4) A person driving, or riding in, a vehicle.

(d) The term "pedestrian" is as defined in California Vehicle Code section 467.

(e) The term "vehicle" is as defined in California Vehicle Code section 670.

(Ord. No. NS-642, § 1, 11-3-15)

A person shall not do any of the following:

(a) Intentionally physically assault or attempt to physically assault a highway user because of his or her status as a highway user;

(b) Intentionally physically injure or attempt to physically injure a highway user because of his or her status as a highway user;

(c) Threaten to physically injure a highway user because of his or her status as a highway user; or

(d) Intentionally distract or attempt to distract a highway user because of his or her status as a highway user resulting in bodily injury or damage to the highway user.

(Ord. No. NS-642, § 1, 11-3-15)

(a) A person aggrieved by any of the actions listed in section B13-122 may enforce the provisions of this chapter by means of a civil lawsuit.

(b) A 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. The prevailing party in any action brought pursuant to this chapter shall be entitled to reasonable attorneys' fees and costs pursuant to order of the court.

(c) The relief provided for in this section shall be in addition to all other remedies provided by law. Nothing in this section shall preclude an aggrieved person from pursuing any other remedy provided by law.

(d) Notwithstanding section A1-28 of this Code, a violation of this chapter does not constitute a misdemeanor or infraction, except where such actions, independently of this chapter, constitute a misdemeanor or infraction.

(Ord. No. NS-642, § 1, 11-3-15)

This chapter and the various parts thereof are hereby declared to be severable. Should any part of this chapter be declared by a court to be unconstitutional or invalid such decision must not affect the validity of the chapter as a whole, or any portion thereof, other than the section so declared to be unconstitutional or invalid.

(Ord. No. NS-642, § 1, 11-3-15)