The provisions of this chapter shall supplement all laws of the state of California with regard to bicycle use. The city will enforce the applicable state laws in addition to and to the same extent as its enforcement of the provisions contained within the Sunnyvale Municipal Code.
Enforcement of the Sunnyvale Bicycle Code includes and adopts by reference the following California Vehicle Code provisions pursuant to Vehicle Code Section 21200(a): Division 11 (Section 21000 et seq.), Division 16.7 (Section 39000 et seq.), Division 10 (Section 20000 et seq.), Division 17 (Section 40000.1 et seq.), Division 18 (Section 42000 et seq.) and Division 12, Section 27400.
(Ord. 2899-09 § 1)
For the purpose of this chapter, the word "bicycle" shall have the same meaning as that term is defined in the Vehicle Code Section 231 as the same exists or may be amended hereafter. A "bicyclist" is a person riding a bicycle. References to the "chief of public safety" means the chief or the chief's designee. The word "pedestrian mall" shall have the same meaning as that term is defined in Chapter 10.66 of this code as the same exists or may be amended hereafter.
(Prior code § 3-2.01; Ord. 876 § 1, 1961; Ord. 1634-71 § 1; Ord. 2524-95 § 1; Ord. 2899-09 § 2; Ord. 2972-12 § 1; Ord. 3214-23 § 1)
If there is probable cause for believing that any bicycle not bearing a license or bearing a license issued by any other city is a stolen bicycle, the department of public safety may impound the same for a period of not exceeding five days. If the department of public safety finds that it is a stolen bicycle then the department shall communicate with the appropriate enforcement officers of the city whose license the bicycle bears and advise the officers in question that the department of public safety is holding the bicycle and will restore it to the appropriate enforcement officer of the city which has licensed it, upon the payment to the city of Sunnyvale of the reasonable costs of the impounding and storage of the bicycle. The amount of such costs shall be fixed by resolution of the city council; provided, however, that where municipalities have entered into reciprocal agreements for the storage and return of bicycles licensed by said municipalities, the fees and charges shall be those provided by such reciprocal agreement.
(Prior code § 3-2.11; Ord. 876 § 1, 1961; Ord. 2721-03 § 6)
On other than a public highway, which is regulated by California Vehicle Code Section 21201, every bicycle operated or used in the city of Sunnyvale shall be equipped with the items of equipment specified in the Vehicle Code Section 21201.
(Prior code § 3-2.12; Ord. 876 § 1, 1961; Ord. 1784-75 § 9; Ord. 2524-95 § 1; Ord. 2721-03 § 6; Ord. 2899-09 § 10)
(a) 
It is unlawful for any person to ride or operate a bicycle, motor driven cycle or motor scooter upon any sidewalk.
(b) 
It is unlawful for any person to ride or operate a bicycle, motor driven cycle or motor scooter upon any overhead pedestrian crossing over any street, or on a roadway, state highway or state freeway that is signed for pedestrian use only within the city.
(c) 
It is unlawful for any person to ride or operate a bicycle, motor driven cycle or motor scooter upon any pedestrian mall, except in the portion designated as a bike path.
(d) 
Notwithstanding the provisions of subsections (a) and (b), children under the age of thirteen years or persons sixty-two years of age or older may ride and operate their bicycles in single file upon any sidewalk, except sidewalks adjacent to schools, store buildings or other buildings used for commercial purposes, subject to their exercising due care and giving any pedestrian the right-of-way. Any individual regardless of age may ride a bicycle on a sidewalk if riding upon the adjacent street would place the cyclist in an unsafe situation.
(e) 
This section shall not apply to members of the Sunnyvale Department of Public Safety while engaged in their official duties.
(Prior code § 3-2.13; Ord. 876 § 1, 1961; Ord. 1215 § 1, 1961; Ord. 2524-95 § 1; Ord. 2721-03 § 6; Ord. 3159-20 § 4; Ord. 3214-23 § 1)
On other than a public highway which is regulated by California Vehicle Code Section 21204, it is unlawful for any bicycle to be used to transport more persons at one time than the number for which it is designed and equipped. It is unlawful for any operator to ride other than upon astride the permanent and regular seat attached to the bicycle.
(Prior code § 3-2.14; Ord. 876 § 1, 1961; Ord. 2524-95 § 1; Ord. 2721-03 § 6)
It is unlawful for any person riding or operating a bicycle to perform or attempt to perform any acrobatic or stunt riding upon any public sidewalk, pedestrian mall, pedestrian facility, or bicycle facility that is not part of a street or highway. Stunt riding shall be defined as activity falling within Vehicle Code Sections 21203, 21204, 21205 and 23103. This section is not meant to prohibit stunt riding as part of officially sanctioned events, or places clearly posting stunt riding as appropriate.
(Prior code § 3-2.16; Ord. 876 § 1, 1961; Ord. 2524-95 § 1; Ord. 2721-03 § 6; Ord. 2899-09 § 12; Ord. 3214-23 § 1)
It is unlawful for any person operating a bicycle on a pedestrian facility, bicycle facility that is not part of a street or highway, or public sidewalk to tow or pull any person or object from the rear thereof, or push or propel any person or object in front of the bicycle, except with attachments specifically designed for this purpose.
(Ord. 876 § 1, 1961; Ord. 2524-95 § 1; Ord. 2899-09 § 14)
When the city traffic engineer determines that the establishment of a bicycle parking zone is reasonably necessary or desirable for the regulation of traffic or to provide facilities for the temporary parking of bicycles being operated upon the public streets, or to safeguard life or property, the city traffic engineer is authorized to set aside a space on the street for the parking of bicycles during such hours of such days as are found to be best suited for the accomplishment of the purposes set forth in this section. When a bicycle parking zone is so established, the city traffic engineer shall cause appropriate signs to be posted during such hours, giving notice that parking of other vehicles is prohibited. It is unlawful for any person to stop, stand or park any other vehicle in front of such zone while such signs are in place.
(Prior code 3-1.101; Ord. 2524-95 § 1; Ord. 2721-03 § 6)
It is unlawful for any person to ride or operate a bicycle in a reckless or irresponsible manner upon any playground or school ground where children are present.
(Prior code § 3-2.23; Ord. 876 § 1, 1961; Ord. 2524-95 § 1; Ord. 2721-03 § 6)
The city council by resolution or motion may establish bicycle lanes and routes along designated streets or portions of streets. The city council by resolution or motion may establish bicycle paths in the interest of providing transportation, recreation and developing open space programs. The city council by resolution or motion may establish bikeways as defined in the Streets and Highways Code as the same exist or may be amended hereafter.
(Prior code § 3-2.26; Ord. 1634-71 § 3; Ord. 1749-74 § 1; Ord. 1784-75 § 11; Ord. 1928-79 § 5; Ord. 2721-03 § 6; Ord. 2899-09 § 17)
When signs and markings are in place giving notice of the existence of any bicycle path or Class I bikeway established by this chapter, it is unlawful for any person:
(a) 
To operate any unauthorized vehicle along any portion of the bicycle path or bikeway;
(b) 
To operate a bicycle on the bicycle path or bikeway other than safely when passing pedestrians or bicyclists. This requirement does not prohibit a bicyclist from choosing to operate on a roadway when a Class 1 bikeway is available;
(c) 
To operate a bicycle other than in a manner consistent with Section 9.62.040(h);
(d) 
To fail to obey all signs and markings regulating use of the bicycle path or bikeway;
(e) 
To operate a bicycle at all times in any manner other than with reasonable regard to the safety of all others, which shall include, but not be limited to, signaling all turns; passing to the left of any bicycle, authorized vehicle, or pedestrian being overtaken; and passing to the right of any oncoming bicycle, authorized vehicle or pedestrian.
(Ord. 1784-75 § 14; Ord. 1928-79 § 8; Ord. 2721-03 § 6)
There shall be maintained on file in the department of public works and available for inspection by the public, a map showing the bicycle lanes, paths, routes, and bikeways, as established from time to time by the city council.
(Ord. 1784-75 § 15; Ord. 1928-79 § 9)
Any provision of this chapter which regulates bicycles, or delegates the regulation of bicycles upon the state highways or state freeways in any way for which the approval of CalTrans is required by law, shall cease to be operative six months after receipt by the city council of written notice of withdrawal of approval of CalTrans. Immediately upon the effective date of such revocation, the city clerk shall enter upon the original copy of the ordinance codified in this section a notification of such withdrawal.
(Ord. 1215 § 2, 1964; Ord. 2524-95 § 1)
Whenever this chapter delegates authority to a city officer, or authorizes action by the city council to regulate bicycles upon a state highway or a state freeway in any way which by law requires the prior approval of CalTrans, no such officer shall exercise such authority nor shall action by the city council be effective with respect to any state highway without the prior approval in writing of CalTrans when and to the extent required by Division 11 of the Vehicle Code.
(Ord. 1215 § 3, 1964; Ord. 2524-95 § 1)
Any person violating a provision of this chapter pertaining to licensing shall be subject to the maximum fine allowed under California Vehicle Code Section 39011. Any person violating any of the provisions set forth in this chapter pertaining to the operation of a bicycle or any provision of a resolution establishing a bicycle path, lane or bikeway authorized by this chapter shall be guilty of an infraction and upon conviction thereof shall be punished as set forth in Chapter 1.04 of this code.
(Prior code § 3-2.24; Ord. 876 § 1, 1961; Ord. 1784-75 § 16; Ord. 1928-79 § 10; Ord. 2422-92 § 11; Ord. 2524-95 § 1; Ord. 2721-03 § 6)
(a) 
A person shall not do or attempt to do any of the following:
(1) 
Physically assault or attempt to physically assault a bicyclist because of, in whole or in part, the bicyclist's status as a bicyclist.
(2) 
Threaten to physically injure a bicyclist because of, in whole or in part, the bicyclist's status as a bicyclist.
(3) 
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.
(4) 
Intentionally distract or attempt to distract a bicyclist because of, in whole or in part, the bicyclist's status as a bicyclist.
(5) 
Intentionally force or attempt to force a bicyclist off a street for purposes unrelated to public safety.
(b) 
Remedies.
(1) 
Any aggrieved person may enforce the provisions of this section by means of a civil lawsuit.
(2) 
Any person who violates the provisions of this section shall be liable for treble the actual damages with regard to each and every such violation, or one thousand dollars, whichever is greater, and shall be liable for reasonable attorneys' fees and costs of litigation. In addition, a jury or court may award punitive damages where warranted.
(3) 
Notwithstanding Section 1.04.010 of this code, violations of any of the provisions of this section shall not constitute a misdemeanor or infraction, except where such actions, independently of this section, constitute a misdemeanor or infraction.
(4) 
The remedies provided by the provisions of this section are in addition to all other remedies provided by law, and nothing in this section shall preclude any aggrieved person form pursuing any other remedy provided by law.
(Ord. 2972-12 § 2)