(A)
The City of Santa Rosa 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)
People walking and riding bicycles are vulnerable users of the City
roads, sidewalks, and/or pathways.
(C)
Walking, running, and/or riding a bicycle on City roads and/or pathways
poses hazards to those who choose to use public roads, and/or pathways
for these purposes, and 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.
(D)
People have a right to walk, run and/or ride a bicycle in the City
of Santa Rosa and should be able to do so safely on City roads and/or
pathways where allowed. It is against the public policy of the City
of Santa Rosa to permit harassment of these vulnerable users due to
a person's status as a pedestrian and/or person riding a bicycle.
(Ord. 4007 § 1, 2013)
For the purposes of this chapter, the following words are defined
as follows:
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.
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.
means pedestrians and people riding bicycles using any public
road, and/or pathway that allows use by persons riding bicycles and/or
pedestrians.
(Ord. 4007 § 1, 2013)
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)
Intentionally fail to yield to a pedestrian walking or running along
a road, crossing the roadway, or using a public sidewalk or pathway
in order to intimidate or intentionally injure the pedestrian.
(Ord. 4007 § 1, 2013)
(A)
Any aggrieved person may enforce the provisions of this chapter by
means of a civil lawsuit. Any person who violates the provisions of
this chapter shall be liable for treble the actual damages with regard
to each and every violation, or $1,000.00, whichever is greater, and
shall be liable for reasonable attorney's fees and costs of litigation.
In addition, a jury or court may award punitive damages where warranted.
In addition, 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)
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.
(C)
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 and do not supersede or limit any and all other remedies.
The remedies provided in this chapter shall be cumulative and not
exclusive. Nothing in this chapter shall preclude any aggrieved person
from pursuing any other remedy provided by law.
(Ord. 4007 § 1, 2013)
