Sebastopol Municipal Code Ch. 10.10 Vulnerable User Protection

This chapter shall be known as the “Vulnerable User Protection” ordinance of the City of Sebastopol.

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

A. That the City of Sebastopol encourages people to walk and ride bicycles rather than drive motor vehicles in order to lessen traffic congestion, improve air quality, and improve public health;

B. That people walking and riding bicycles are vulnerable users of the City roads, sidewalks, and/or pathways;

C. That harassment of vulnerable users on the basis of their status as pedestrians and/or persons riding bicycles exists in the City of Sebastopol;

D. That existing criminal and civil laws do not effectively prevent the unlawful harassment of vulnerable users because of their status as pedestrians and/or persons riding bicycles;

E. That unavoidable hazards exist for persons walking, running, and/or riding a bicycle on City roads, sidewalks, and/or pathways, and that these hazards are amplified by the actions of persons who deliberately harass and endanger these vulnerable users because of their status as pedestrians and/or persons riding bicycles; and

F. That because people have a right to walk, run and/or ride a bicycle in the City of Sebastopol and should be able to do so safely on City roads, sidewalks, and/or pathways where allowed, it is against the public policy of the City of Sebastopol to permit harassment of these vulnerable users due to a person’s status as a pedestrian and/or person riding a bicycle.

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

“Bicycle” means 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.

“Pedestrian” means a person who is afoot or who is using a means of conveyance propelled by human power other than a bicycle, or an electric personal assistive mobility device. “Pedestrian” includes a person who is operating a self-propelled wheelchair, motorized tricycle, or motorized quadricycle and, by reason of physical disability, is otherwise unable to move about as a pedestrian.

“Vulnerable users” means pedestrians and people riding bicycles using any public road, sidewalk, and/or pathway that allows use by persons riding bicycles and/or pedestrians.

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

A. Physically assault or attempt to physically assault a vulnerable user because of, in whole or in part, a vulnerable user’s status as a pedestrian and/or person riding a bicycle.

B. Threaten to physically injure a vulnerable user because of, in whole or in part, a vulnerable user’s status as a pedestrian and/or person riding a bicycle.

C. Intentionally injure, attempt to injure, or threaten to physically injure, either by words, vehicle, or other object, a vulnerable user because of, in whole or in part, a vulnerable user’s status as a pedestrian and/or person riding a bicycle.

D. Intentionally distract or attempt to distract a vulnerable user because of, in whole or in part, a vulnerable user’s status as a pedestrian and/or person riding a bicycle.

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

F. Pass at an unsafe distance, which is defined as passing with less than three feet of clearance between any portion of the passing vehicle and the vulnerable user, with the intent to intimidate or physically injure a vulnerable user.

G. Fail to yield to a pedestrian walking or running along a road, crossing the roadway, or using a public sidewalk or pathway with the intent to intimidate or physically injure the pedestrian.

A. Any aggrieved person 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, 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. Violations of any of the provisions of this chapter shall not constitute a misdemeanor or infraction, except where such actions, independently of this chapter, constitute a misdemeanor or infraction.

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.