City Council
Report
City Council Meeting: May 14, 2024
Agenda Item: 10.A
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To: Mayor and City Council
From: Douglas Sloan, City Attorney, City Attorney's Office, Municipal Law Subject: Introduction and First Reading of an Ordinance Adding Section 3.75 to the Municipal Code to Prohibit Harassment of Bicyclists and Provide for a Private Right of Action for Violations
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of categorical exemption pursuant to Section 15321 of the California Environmental Quality Act (CEQA) Guidelines;
2. Introduce for first reading the attached ordinance adding Section 3.75 of the Santa Monica Municipal Code to prohibit harassment of bicyclists and provide a private right of action for violations.
Executive Summary
The proposed ordinance, which was requested by Council, adds a section to the Municipal Code prohibiting the harassment of bicyclists and provides a private right of action in civil court for violations. The ordinance would not be enforced by City officials and would not require the expenditure of City resources, other than potentially some educational efforts. For this section, the definition of “bicycle” is expanded to include not only vehicles propelled solely by human power, but also those propelled by a combination of human and electric power.
Background
The City of Los Angeles, in addition to other jurisdictions, has approved a similar ordinance prohibiting the harassment of bicyclists by threatening, injuring, or forcing them off the road, because of their status as a bicyclist. Rather than enforcement of this particular ordinance by City officials, these ordinances provide for a private right of 2 of 3
action, that is, the victim can sue the violator in civil court for treble (three times) actual damages (personal injury, property damage, etc.), attorney fees, costs, and punitive damages, with a minimum of $1,000. This may help to deter such conduct. It is proposed that Santa Monica adopt a substantially similar ordinance, with the added feature of adding to the definition of “bicycle” those vehicles propelled by a combination of human and electric power, which now are very common.
Discussion
Riding bicycles for both transportation and recreation should be encouraged and facilitated by the City as it supports environmental sustainability, reduces traffic congestion and emissions, is healthy, and enjoyable. Bicycles are the single most efficient mode of human transportation. We are fortunate to live in an area with yearround weather than is nearly ideal for cycling and the City has spent millions of dollars on infrastructure to improve conditions for cycling. Yet, some people choose to threaten, impede, and even assault bicyclists purely because they are cyclists with whom they share the roadways. While there are other potential remedies, pursuing criminal violations requires proof beyond a reasonable doubt, as opposed to preponderance of the evidence in civil court, and may not carry the same deterrent effect as a complete civil remedy.
Bicycles are now common that provide for a combination of human and electric (battery) power. The use of these bicycles is very similar to riding those propelled solely by human power, so there is no reason to differentiate. Thus, human/electric powered bicycles are also included in the definition of a bicycle for the purposes of this ordinance.
Environmental Review
The ordinance is categorically exempt from CEQA pursuant to Section 15321 of the CEQA Guidelines. Section 15321 exempts enforcement actions (Class 21) from CEQA, which consists of actions by regulatory agencies to enforce or revoke a lease, permit, license, certificate, or other entitlement for use issued, adopted, or prescribed by the regulatory agency or enforcement of a law, general rule, standard, or objective, 3 of 3
administered or adopted by the regulatory agency. The ordinance would prohibit the harassment of bicyclists and provide a private right of action for violations, and therefore, it has been determined that the ordinance would be exempt pursuant to Section 15321 of the CEQA Guidelines.
Financial Impacts & Budget Actions
There are no financial impacts associated of the adoption of the proposed ordinance.
Prepared By: Brandon Ward, Deputy City Attorney
Approved Forwarded to Council
Attachments:
A. DOT-Ord-Bicyclist Harassment
B. Written Comments