HomeMy WebLinkAbout2001-08-06 City Council (20)TO:
FROM:
City of Palo Alto
City Manager’s Report
HONORABLE CITY COUNCIL
CITY MANAGER DEPARTMENT: POLICE 3
DATE:
SUBJECT:
AUGUST 6, 2001 CMR:322:01
APPROVAL OF ORDINANCE AMENDING CHAPTER 10.64
REGULATING BICYCLES AND RESOLUTION REDUCING
BICYCLE VIOLATION FINES
RECOMMENDATION
Staff recommends that Council approve:
1)
2)
the attached ordinance amending Chapter 10.64 of the Palo Alto Municipal Code making
bicycle, skateboard, coaster and roller skate violations infractions, and
the attached Resolution that provides the City of Palo Alto with the authority to request the
Superior Court of Santa Clara County set up a separate Schedule of Fines for Vehicle Code
infractions committed by bicyclists, to allow for a reduction in the amount of fines for
bicycle violations.
BACKGROUND
Prior to 1992, bicyclists and pedestrians were exempt by law from State mandated
administrative fees assessed for Vehicle Code infraction fines. In August 1992, in response to
the economic recession and loss of state tax revenue, the Legislature passed urgency legislation
radically changing and increasing the percentage of fines and penalties collected by the State
and counties from municipalities for Vehicle Code infractions. The law required that all
infractions be assessed an administrative fee of $17 for every $10 of fine amounts and omitted
the administrative fee exemption for pedestrian and bicycle violation fines.
The State’s Uniform Bail and Penalty Schedule is used by the Superior Court of Santa Clara
County to set fines for all infractions under the authority of California Vehicle Code (CVC)
Section 40310. Infraction fines range from $25 to $200, depending upon the violation and not
including the assessments. As an example, the current fine for a red light infraction for both
CMR:322:01 Page 1 of 4
bicyclists and motor vehicles is $100. The assessments set by the County resuk in an additional
$181 for a total of $281 for both motorists and bicyclists.
At the urging of the City of Davis, Assembly Member Hannigan sponsored Assembly Bill (AB)
669 in 1993. AB 669 became effective January 1, 1994 as California Vehicle Code Section
42001(d). This section allows for any local public entity that employs peace officers to establish
a separate schedule of fines applicable to infractions committed by bicyclists within its
jurisdiction. Staff believes that it would be in the best interest of bicycle safety to take
advantage of this legislation and to reduce bicycle fine amounts.
DISCUSSION
In recent meetings with the Palo Alto Bicycle Advisory Committee (PABAC), staff has learned
that it strongly supports enforcement efforts directed toward bicyclists that violate the rules of
the road. PABAC feels that behaviors such as wrong way riding, stop sign/traffic light
violations and riding without lights at night endanger bicyclists, pedestrians, and motorists and
lead to serious accidents. A bicyclist that runs a red light and gets hit by a car has a much greater
potential of injury compared to a motorist who runs a red light and hits another car.
In recent years, Palo Alto police officers’ enforcement of bicycle violations has decreased due
to the significant cost of frees and the perceived inequity in fines. Members of PABAC and staff
believe that a reduced fine schedule would result in increased enforcement, an increased
compliance with bicycle laws, and ultimately a decrease in the numbers of bicycle injuries and
deaths resulting from traffic violations. In 1999 and 2000, there were 161 reported collisions
involving bicycles in Palo Alto (three of which were bicycle vs. bicycle). Of those 161
collisions, 114 involved injuries and two fatalities. Bicyclists were found at fault 82 of the 161
accidents.
Therefore, staff is proposing to recommend to the Superior Court of Santa Clara County that
a schedule of fines applicable to infractions committed by bicyclists be established. Staff
believes that a fine Of $20 plus the penalty assessment of $34 (a total of $54) be set for all
bicycle infractions.
The City of Davis Bicycle/Pedestrian Coordinator reports that the reduced bicycle free schedule
clearly stimulated bicycle violation enforcement in Davis, Woodland, Winters and West
Sacramento. Bicycle citations issued by the Davis Police Department and the University of
California, Davis Police Department doubled between 1993 and 1994. In addition, Yolo County
Traffic Court commissioners and judges were more willing to assess the reduced fine amounts
CMR:322:01 Page 2 of 4
against bicyclists. Prior to the change, it was not uncommon for the Court to find bicyclists at
fault for a violation and dismiss the fine because the fines were so high. Unfortunately Davis
was unable to provide any data on the reduction of bicycle collisions due to the fact that a study
has never been completed comparing collision reports before and after the legislation went into
effect.
Staffis also recommending that the ordinance pertaining to the use of roller skates, skateboards,
and coasters be amended to reduce the violation from a misdemeanor to an infraction. Staff
believes that these violations do not warrant the consequences, associated with misdemeanors,
and will be more readily enforced as infractions. Furthermore, the Municipal Code bail
schedule will be amended to reflect fines for Municipal Code violations similar to those adopted
for Vehicle Code violations committed by bicyclists. Staff will report back to City Council in
September regarding the finalized amended fine schedule.
RESOURCE IMPACT
Because staff anticipates an increase in the number of citations that are issued, the associated
fine revenue should remain about the same.
POLICY IMPLICATIONS
This is consistent with existing City policy.
ENVIRONMENTAL ASSESSMENT
This is not a project subject to California Environmental Quality Act (CEQA) requirements.
ATTACHMENTS
Ordinance
Resolution
CMR:322:01 Page 3 of 4
PREPARED BY:
JON HERNANDEZ
Traffic Lieutenant
DEPARTMENT HEAD:
EMIL~ HARRISON
Assistant City Manager
CMR:322:01 Page 4 of 4
RESOLUTION NO.
RESOLUTION OF THE COUNCIL OF
PALO ALTO ESTABLISHING A FINE
BICYCLE INFRACTIONS
THE CITY OF
SCHEDULE FOR
WHEREAS, California Vehicle Code section 42001(d)
authorizes local agencies to adopt by ordinance or resolution a
schedule of fines for bicycle infractions committed within the
jurisdiction of that agency, not to exceed the fines for other
vehicular violations.
WHEREAS, the Council intends to exercise the
authorization of Vehicle Code section 42001(d)by adopting a
reduced maximum fine of twenty dollars ($20.00)for violations
by bicyclists of any of the provisions of the California Vehicle
Code. This reduced fine shall be subject to all penalty
assessments and court cost charges otherwise imposed by state
law for vehicular violations. The reduced fine is intended to
be enforced in lieu of the fine otherwise imposed under
California Vehicle Code section 42001(a) of one hundred dollars
for most vehicular violations, increasing to two hundred dollars
for a second violation within one year and two hundred fifty
dollars for a third or subsequent violation with one year.
WHEREAS, the purpose of the reduced fine for bicycle
violations is to encourage enforcement of bicycle safety laws in
order to enhance bicycle safety within the City of Palo Alto.
NOW, THEREFORE, the Council of the City of Palo Alto
does RESOLVE as follows:
SECTION I. The maximum fine for bicycle infractions of
the California Vehicle Code committed within the jurisdiction of
the City of Palo Alto is established at twenty dollars ($20.00).
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SECTION 2. The Council finds that this is not a
project under the California Environmental Quality Act and,
therefore, no environmental impact assessment is necessary.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
City Clerk
APPROVED AS TO FORM:
Mayor
APPROVED:
Senior Asst. City Attorney City Manager
Police Chief
010801 cl 0044109 2
ORDINANCE NO.
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO
ALTO AMENDING TITLE !0, CHAPTER 10.64, SECTION
10.64.250 OF THE PALO ALTO MUNICIPAL CODE IN
ORDER TOIREDUCE THE PENALTIES FOR VIOLATIONS OF
REGULATIONS ON BICYCLES, ROLLER SKATES,
SKATEBOARDS AND COASTERS
The Council of the City of Palo Alto does ORDAIN as
follows:
SECTION I. Findings and Declarations.
herein finds and declares as follows:
The City Council
A.Coundil has determined to enact a resolution
contemporaneous with this ordinance exercising the authorization
provided by California Vehicle Code section 42001(d) to adopt a
reduced maximum $20 fine for violations by bicyclists of any of
the provisions of the California Vehicle Code.
B.In order to adopt congruent penalties for
violations of the Palo Alto Municipal Code relating to bicycles,
the Councilintends to reduce the penalty for such Municipal
Code violations from a misdemeanor to an infraction and will
hereafter amend its bail schedule to reflect a fine for such
Municipal Code violations similar to that adopted for Vehicle
Code violations by bicyclists.
C. Council intends to also reduce the penalties from
misdemeanors to infractions for violations of the Palo Alto
Municipal Code relating to roller skates, skateboards and
coasters in order to be consistent with the penalties applicable
to bicyclists.
SECTION 2. Title I0, Chapter 10.64, section 10.64.250
of the Palo Alto Municipal Code is hereby amended to read as
follows:
10.64.250 Enforcement.
Any person who violates any provision of this
chapter shall be guilty of an infraction and,
upon conviction thereof, shall be punishable as
provided in Chapter 1.08 of this code. Where
any provision of this chapter or of state law
with respect to bicycles, roller skates,
skateboards or coasters has been violated by any
juvenile under the age of eighteen years, in
010801cl 00~4108 1
lieu of the institution of criminal proceedings
under Chapter 1.08 or of proceedings in the
juvenile court, the chief of police may prohibit
the operation upon the streets, alleys, and
public places in the city for a period not to
exceed thirty days of a bicycle, roller skate,
skateboard or coaster so used in such violation,
and in such event the bicydle, roller skate,
skateboard or coaster so used in such violation
may be impounded by the chief of police and
retained ~,~ ~~ ......during the period of operation
which is prohibited.
SECTION 3. The Council hereby finds and determines that
the restrictions adopted by this Ordinance are not a project
requiring environmental review under the California
Environmenta! Quality Act.
SECTION. 4. The effective date of this ordinance shall
be the thirty-first day after its adoption, pursuant to Palo
Alto Municipal Code section 2.04.350.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
City Clerk
APPROVED AS TO FORM:
Mayor
APPROVED:
Senior Asst. City Attorney City Manager
Police Chief
010801cl 0044108 2