West Hollywood, California (Monday, July 27, 2009) - Two years ago a passel of bicycle/pedestrian incidents forced the issue of bike riding on the public sidewalk into city council debate. 
Bicycles on West Hollywood’s streets became a big issue last summer - Photo by Ryan Gierach. |
Last week’s council meeting saw an end to that debate, with enforcement teeth given to the 2008 Municipal Code by amending the Traffic Code to regulate bicycles and other non-pedestrian transportation on West Hollywood sidewalks.
The 2008 law came about in response to a number of complaints from both sides, bicyclists and pedestrians alike.
Seniors and the disabled are particularly susceptible to startling or accidents with a bicycle.
“I get so startled when they zoom past me from behind me,” Mrs. Janet Krauner, a retired teacher who uses a walker to get to her local stores, told us in 2007. “Sometimes,” she said, “they come so close they hit my sleeve. It’s very scary.”
On the other hand, WeHo News discovered at the time, the bike riders sometimes face far greater danger on the street, especially those less experienced bicyclists.
Angel Marquez, a restaurant worker, bikes to and from his Hollywood apartment to work on the Sunset Strip, using Santa Monica Boulevard most of the way.
A study into the issue found that 68 bicyclists had gotten the worse of collisions with cars on the street, while West Hollywood’s pedestrians reported no bike hit and runs - Photo by Ryan Gierach. |
“It is dangerous on the street when you get to West Hollywood,” he said, adding that he uses the street to commute where he feels safe because he makes better time. “The street narrows and the buses and trucks come so close. I feel safer being on the sidewalk.”
At the time, riding on the walk was illegal, end of story.
“A person shall not operate any bicycle or any vehicle or ride an animal on any sidewalk or parkway except at a permanent or temporary driveway or at specific locations thereon where the commissioner finds that such locations are suitable for and has placed appropriate signs or markings, permitting such operation or riding," read the code.
Lt. Blaine Talmo explained the station’s enforcement policy. “We have two ways we can handle an infraction,” he said. “We could handle it through the California State Vehicle Code or our own municipal section. We have minimal tolerance for bicyclists on the walkways.”
Lt. Talmo acknowledged that the officer on the street had a degree of discretion at their disposal. “Let’s say there’s an elder on a bike going to the market who is using the sidewalk because they don’t feel safe on Santa Monica,” he said, “it’s unlikely the officer would issue a citation in that instance, I suppose.”
West Hollywood’s streets have bikes running errands as well as communting through town to Beverly Hills or Hollywood - Photo by Ryan Gierach. |
He said the real concern is not people who ride responsibly, but those who exhibit careless or reckless riding habits.
This message was echoed at the time by Terry Slimmer, Transportation Department manager for the City.
“We heard at that first meeting from bicyclists who use the sidewalks responsibly because of the dangers they perceive of riding on the street,” she said.
“The Public Safety Commission, when they first heard from the community who wanted it stopped, got input from bike riders then that made them take pause and want to reach out to both sides to come to a mutually beneficial agreement.”
With that discourse laying the groundwork, the city set about taking two full years to get the city’s bikes on walks law right, and presented it to council last Monday without opposition.
The law will: * Prohibit the operation of bicycles on the sidewalks where there are designated bicycle lanes; and
Few dare ride along Santa Monica Boulevard in the Mid Town section where West Hollywood’s main drag narrows - Photo by Ryan Gierach. |
* Permit the operation of bicycles on the sidewalk where there are no designated bicycle lanes but enforcing the willful or wanton disregard of any bicyclist for the safety of pedestrians or property; and
* Require bicyclists to meet the requirements of the California Vehicle Code relating to registering, operating and equipping bicycles; and
* Authorize the West Hollywood Sheriff to actively enforce the Ordinance.
The provisions of the 2008 law that now have enforceability because the Court will recognize violations of the ordinance an “infraction.”
That allows deputies to issue citations with fines and penalties attached to them, including a fine not exceeding one hundred dollars ($100), for a second infraction occurring within one year of a prior infraction… two hundred dollars ($200).
For a third or subsequent infraction occurring within one year of two or more prior infractions that resulted in convictions, a fine not exceeding two hundred fifty dollars ($250) shall be imposed.
Photo by WeHo News. |
Before enforcement, the Sheriff will engage in a public outreach and education effort lasting 60 days.
During that time, they will conduct regular station briefings to ensure deputies understand that the intent of the Ordinance is to facilitate all users of the public sidewalks.
Furthermore, they will develop a brochure and other materials educate the public on the regulations that will govern bicycle use in WeHo, and finally, the Sheriff and Public Safety Division will work towards producing a "public safety" television commercial informing residents of the municipal code change and future enforcement.
Additionally, the city shall post signage and street markings at appropriate locations advising passersby of the cycling on sidewalk regulations.
During council discussion Mayor Abbe Land noted that the new ordinance will allow Sheriffs “deputies to ticket a bicyclist driving on the sidewalk in a wanton and [reckless] manner.”
One of the City’s Bike Patrol. Photo by WeHo News. |
Council member Horvath inquired into a speed limit on sidewalks to which Transportation director Terri Slimmer said that the idea had been considered and rejected because of the difficulty in using radar on bikes and the fact that, “if you’re going [under the limit] and are driving recklessly; deputies are able to cite them.”
John Heilman noted that bike riders may not have speedometers.
Ms. Horvath felt that the language of the law was too vague, and expressed concern that by not setting specific parameters by which the law could be enforced it left the ability to comply and enforce all that much more difficult.
Mayor Land gave staff direction to strengthen the description of “reckless and wanton” in the educational materials so that bike riders would have a clear understanding of what behavior is expected of them.
The item passed on a 4-1 vote, with Ms. Horvath alone in opposition.
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