Sonoma County Municipal Code Art. IV Prohibition against Civil Harassment of Bicyclists and Pedestrians

The board of supervisors of the county of Sonoma, state of California, does find that:

(1) The county 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;

(2) People walking and riding bicycles are vulnerable users of roads, sidewalks and pathways;

(3) Harassment of people on the basis of their status as pedestrians and/or persons riding bicycles exists in the unincorporated area of the county;

(4) Riding a bicycling and walking may become hazardous activities when people harass and endanger bicyclists and pedestrians; and

(5) People have a right to walk, run and/or ride a bicycle in the unincorporated area of the county in a safe manner and in compliance with laws. It is against the public policy of the county of Sonoma to permit harassment due to an individual's status as a pedestrian and/or a person riding a bicycle.

(Ord. No. 6022, § I, 3-19-2013.)

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

"Bicycle" is a device upon which any person may ride, propelled exclusively by human power through a belt, chain or gears and having one (1) or more wheels.

"Bicyclist" is a person riding a bicycle.

"Pedestrian" is any person who is afoot or who is using a means of conveyance propelled by human power, other than a bicycle, on a sidewalk or pathway that is authorized for such use.

(Ord. No. 6022, § I, 3-19-2013.)

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) Physically assault or attempt to physically assault a pedestrian because of, in whole or in part, the pedestrian's status as a pedestrian.

(c) Threaten to physically injure a bicyclist because of, in whole or in part, the bicyclist's status as a bicyclist.

(d) Threaten to physically injure a pedestrian because of, in whole or in part, the pedestrian's status as a pedestrian.

(e) 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.

(f) Intentionally injure, attempt to injure, or threaten to physically injure, either by words, vehicle or other object, a pedestrian because of, in whole or in part, the pedestrian's status as a pedestrian.

(g) Intentionally distract or attempt to distract a bicyclist for purposes unrelated to public safety because of, in whole or in part, the bicyclist's status as a bicyclist.

(h) Intentionally force or attempt to force a bicyclist off a street for purposes unrelated to public safety because of, in whole or in part, the bicyclist's status as a bicyclist.

(i) Intentionally force or attempt to force a pedestrian off a street for purposes unrelated to public safety because of, in whole or in part, the pedestrian's status as a pedestrian.

(Ord. No. 6022, § I, 3-19-2013.)

(a) Private Cause of Action. Any person damaged by any violation of Section 19-59 of this code may institute a civil proceeding for money damages, and for whatever other or additional relief the court deems appropriate. In any action brought pursuant to this section, the prevailing party shall be entitled to reasonable attorneys' fees and costs pursuant to order of the court. The remedies available under this section shall be in addition to, and shall not in any way restrict, any other rights or remedies available under law.

(b) Remedies not Exclusive. The remedies provided by the provisions of this section are in addition to all other remedies provided by law and do not supersede or limit any and all other remedies. The remedies provided in this section shall be cumulative and not exclusive. Nothing in this section shall preclude any aggrieved person from pursuing any other remedy provided by law.

(Ord. No. 6022, § I, 3-19-2013.)