OF.
1 � M
UA4r£D IANV ARyry
Department: City Manager
Joshua Sino Cruz, Assistant to the City
Prepared by: Manager
® CITY COUNCIL
❑ COMMUNITY DEVELOPMENT COMMISSION
❑ SUCCESSOR AGENCY
❑ BUENA SANITATION DISTRICT
❑ JOINT POWERS FINANCING AUTHORITY
Item No: PH1
Meeting Date: December 10, 2024
Imelda M. Huerta, Assistant City Manager
Approved by: John Conley, City Manager Agenda Location: Public Hearing SUBJECT: AMENDING CHAPTER 10.68 OF THE VISTA MUNICIPAL CODE RELATED TO THE USE
AND OPERATION OF BICYCLES IN THE CITY
RECOMMENDATION:
1. Open, conduct, and close a public hearing to receive testimony regarding amending Chapter 10.68 of the Vista Municipal Code related to the use and operation of bicycles in the City.
2. Introduce and adopt City Council Ordinance No. 2024- , entitled "An Ordinance of the City Council of the Chartered City of Vista, California, Amending Chapter 10.68 of the Vista Municipal Code Related to the Use and Operation of Bicycles in the City."
COUNCIL GOALS: Public Safety and Traffic: Continue to improve the flow of traffic for all forms of travel, reduce congestion, and improve our roads and sidewalks
PRIOR ACTION: On January 9, 2024, introduced and adopted City Council Ordinance 2024-1 amending Chapter 10.68 of the Vista Municipal Code to include e-bikes and traffic and safety laws (Vote: 5-0).
On January 27, 2015, adopted City Council Ordinance 2015-3 amending section 10.68.100 of the Vista Municipal Code with Respect to Bicycles on Sidewalks (Vote: 4-1, Rigby opposed).
On November 10, 1998, adopted City Council Ordinance 98-12 amending Section 10.68 of the Vista Municipal Code Prohibiting the Operation of Bicycles on Sidewalks (Vote: 4-0).
On September 8, 1975, adopted City Council Ordinance 75-36 amending certain sections of Chapter 5 of the Vista City Code pertaining to Regulations Regarding Bicycle Licenses (Vote: 5-0).
PRIOR TRAFFIC COMMISSION ACTION: Recommended approval of amending Chapter 10.68 of Title 10 of the Vista Municipal Code (Vote: 6-0, Alberto absent).
STATEMENT ON THE SUBJECT: Staff is proposing amendments to Chapter 10.68 of the Vista Municipal Code to update bicycle regulations and improve safety for cyclists and pedestrians. These changes align the City's ordinances with State law, ensuring consistency in local, regional, and statewide bicycle regulations.
ACTION: Opened, conducted, and closed the public hearing. Introduced and adopted City Council Ordinance No. 2024-14. Vote: 5-0
Clerk/Secretary
MEETING DATE: December 10, 2024
PAGE 2
SUBJECT: AMENDING CHAPTER 10.68 OF THE VISTA MUNICIPAL CODE RELATED TO THE USE
AND OPERATION OF BICYCLES IN THE CITY
The proposed amendments address key safety concerns for cyclists. They remove the requirement for cyclists to use bikeways when present, providing greater flexibility to choose the safest route. Additional changes clarify when cyclists must dismount in crosswalks, update bicycle parking regulations, and ensure that cyclists are positioned safely in accordance with the California Vehicle Code.
To ensure these changes reflect best practices in bicycle safety, the City collaborated with the San Diego County Bicycle Coalition (SDCBC), which provides safety training across the county, including Vista. This partnership supports consistent messaging and advances the regional goal of promoting safer, more accessible cycling. The City is committed to enhancing bicycle safety through education, outreach, and infrastructure improvements.
These revisions also aim to standardize bicycle -related laws across jurisdictions, ensuring uniform regulations for cyclists throughout the region. These updates are part of Vista's ongoing efforts to create a safer, more bike -friendly community.
The proposed changes are below and the redlined version is attached as Exhibit 2. • Elimination of Section 10.68.050 — Bikeways: The previous requirement for cyclists to use bikeways when present has been removed, allowing for more flexibility in route choice. • Section 10.68.060 — Dismount in Crosswalk and on Sidewalk: Update provides clarification that cyclists must dismount when using a crosswalk or sidewalk which emphasizes pedestrian safety. • Section 10.68.070 — Bicycle Parking: New language allows for bicycle parking on streets or roadways only when "signage or marked delineation explicitly allows for it." This provides the City with flexibility to designate specific areas for bicycle parking in the future. • Section 10.68.080 — Traffic and Safety Laws Apply to Persons Riding Bicycles: The language has been adjusted to ensure cyclists follow traffic laws and position themselves safely in accordance with California Vehicle Code Section 21202(b). • Section 10.68.090 — Motorized Scooters & Motorized Bicycles: Added language requiring compliance with applicable California Vehicle Code provisions to ensure consistency and safety.
FISCAL IMPACT: There is no direct fiscal impact.
EXHIBITS:
1. City Council Ordinance No. 2024- , amending Chapter 10.68 of the Vista Municipal Code related to the use and operation of bicycles in the City
2. Vista Municipal Code Chapter 10.68 — redlined version 12/10/2024 PH 1 2 of 9
ORDINANCE NO. 2024-
AN ORDINANCE OF THE CITY COUNCIL OF THE CHARTERED CITY OF VISTA, CALIFORNIA, AMENDING CHAPTER 10.68 OF THE VISTA
MUNICIPAL CODE RELATED TO THE USE AND OPERATION OF BICYCLES
IN THE CITY
The City Council of the City of Vista does ordain as follows:
1. Findings. The City Council hereby finds and declares all of the following:
A. This ordinance is enacted by the City Council pursuant to its authority under the Charter of the City of Vista and Article 11, Section 7 of the California Constitution.
B. The City Council intends that this ordinance be construed and applied in a manner that is consistent with state law, the provisions of the Vista Municipal Code, other local enactments, and all voter -approved measures.
C. The City Council finds and determines that to promote bicycle safety, including e- bike safety, in the City of Vista, certain changes to the Vista Municipal Code pertaining to the use and operation of bicycles and a -bikes within the City of Vista are necessary.
2. Code Amendment.
Chapter 10.68 of the Municipal Code is amended and restated in full as follows:
"Chapter
10.68 Bicycles
Sectio
ns:
10.68.010
Definitions
10.68.020
Destroying Bicycle Identification
10.68.030
Riding on Sidewalks
10.68.040
Riding on Bicycles
10.68.050
Bikeways
10.68.060
Dismount in Crosswalk & on Sidewalk
10.68.070
Bicycle Parking
10.68.080
Traffic and Safety Laws Apply to Persons Riding Bicycles
10.68.090
Motorized Scooters & Motorized Bicycles
10.68.100
Enforcement
Section 10.68.010 Definitions
"Bicycle" is any device on which any person may ride, propelled exclusively by human power or has fully operable pedals and an electric motor of less than 750 watts, or as otherwise defined in California Vehicle Code Section 231 & 312.5 as may be amended from time to time.
000292137
EXHIBIT 1
12/10/2024 PH 1 3 of 9
ORDINANCE NO. 2024-
CITY COUNCIL OF THE CHARTERED CITY OF VISTA
PAGE 2
"Bicycle Identification" is any bicycle license indica, registration form, serial number, or identification marks on any bicycle.
"Bikeway" means all facilities that provide primarily for, and promote, bicycle travel or as otherwise defined by California Streets and Highways Code 890.4. "Crosswalk" is any portion of a roadway distinctly indicated for pedestrian crossing by lines or other markings on the surface or as otherwise defined in California Vehicle Code Section 275.
"Motorized Bicycle" or "Moped" is a two -wheeled device with or without operational pedals, an automatic transmission, and an electric or gas -powered motor that can propel the device and rider at speeds no greater than 30 miles per hour or as otherwise defined by California Vehicle Code Section 406 as may be amended from time to time. "Motorized Scooter" is any two -wheeled device that has handlebars, has either a floorboard that is designed to be stood upon when riding and is powered by an electric motor, or as otherwise defined by California Vehicle Code Section 407.5 as may be amended from time to time.
"Roadway" means all facilities that are ordinarily used for vehicular travel or as otherwise defined in California Vehicle Code Section 530. "Sidewalk" means the portion of the public right of way used for pedestrian traffic.
The term "sidewalk" excludes any area primarily designated for use by vehicles, bicycles, the conveyance of storm water or planted with landscape.
Section 10.68.020 Destroying Bicycle Identification
It is unlawful for any person to willfully or maliciously remove, destroy, alter, tamper with or mutilate any bicycle license indicia, registration form, serial number or identification marks on any bicycle frame during the time such indicia is operative. However, nothing in this chapter prohibits the license collector from stamping numbers on the frames of bicycles on which no serial number can be found or on which said number is illegible or insufficient for identification purposes.
Section 10.68.030 Riding on Sidewalks
Bicycle Restriction. It is unlawful for any person to ride or operate a bicycle upon any sidewalk in the city, with the exception of locations included in the City's Bicycle Master Plan with proper signage and striping as approved by the City's Traffic Engineer. Law enforcement officers shall be exempt from the provision of this section when in the performance of their duties.
Section 10.68.040 Riding on Bicycles
A. Any person riding or operating a bike shall always exercise reasonable care and observe all applicable laws.
B. It shall be unlawful for any person to ride in a manner not designed by the 12/10/2024 PH 1 4 of 9
ORDINANCE NO. 2024-
CITY COUNCIL OF THE CHARTERED CITY OF VISTA
PAGE 3
bicycle manufacturer for passenger riding. There shall be a manufacturer installed seat for the rider and every passenger on a bicycle. It shall be unlawful for the operator of any bicycle to carry any other person upon the handlebars or pegs of any bicycle.
Section 10.68.060 Dismount in Crosswalk and on Sidewalk Every bicycle operator, when using a crosswalk to cross an intersection or using a sidewalk, shall dismount from their bicycle to use the crosswalk or sidewalk.
Section 10.68.070 Bicycle Parking
A. No person shall park a bicycle on a public street or roadway unless signage or marked delineation explicitly allows for it.
B. It is permissible to park a bicycle on a sidewalk in a bike rack to support the bicycle or against a building or on a sidewalk in such a manner as to afford the least obstruction to pedestrian traffic.
Section 10.68.080 Traffic and Safety Laws Apply to Persons Riding Bicycles Every operator or passenger riding a bicycle on a roadway or bikeway shall be granted all of the rights and shall be subject to all of the duties applicable to the operator or passenger of a vehicle established in this charter and as otherwise provided in Sections 21200-21213 of the California Vehicle Code.
The above is intended to require riders and operators of bicycles to always ride at speeds appropriate for the road and bikeway conditions, in the same direction of vehicle travel on said road, and to position themselves in accordance with California Vehicle Code Section 21202(b), which allows for exceptions when it is safe and necessary to do so. Bicyclists must obey all traffic signs, speed limits and all other applicable laws and regulations.
Section 10.68.090 Motorized Scooters & Motorized Bicycles Every operator or rider of a motorized scooter or motorized bicycle is required to follow the laws of this charter as if operating as a bicycle rider and as otherwise provided in the California Vehicle Code. In addition, a person may not operate a motorized scooter or motorized bicycle unless that person holds a valid driver's license with appropriate classifications as provided by the California Vehicle Code Section 12804.9. Every operator or rider of a motorized scooter or motorized bicycle is required to comply with all applicable provisions of the California Vehicle Code governing the operation of such devices to ensure consistency and safety.
Section 10.68.100 Enforcement
In lieu of the imposition of the penalties authorized by this title and/or the filing of charges in a court of competent jurisdiction, the Sheriff Captain or designee may allow a first- time violator of this chapter to complete a law enforcement department -approved bicycle safety course."
12/10/2024 PH 1 5 of 9
ORDINANCE NO. 2024-
CITY COUNCIL OF THE CHARTERED CITY OF VISTA
PAGE 4
3. Severability. If any word, sentence, paragraph, or other portion of this ordinance is deemed to be invalid or unenforceable for any reason by a court of competent jurisdiction, the City Council declares its intent that all remaining words, sentences, paragraphs or portions of the ordinance not held to be invalid or unenforceable shall remain in full force and effect, and shall be so construed, as if the original ordinance did not contain the invalid or unenforceable language.
4. Effective Date. This Ordinance shall be in full force and effect on the thirty-first day following the date of its adoption.
5. Adoption. INTRODUCED AND ADOPTED at a meeting of the City Council of the City of Vista held on December 10, 2024, by the following vote:
AYES:
NOES:
ABSTAIN:
APPROVED AS TO FORM:
WALTER CHUNG, CITY ATTORNEY
By:
APPROVED
Walter C. Chung
20241203130730
JOHN B. FRANKLIN, MAYOR
ATTEST:
KATHY VALDEZ, CITY CLERK
By:
12/10/2024 PH 1 6 of 9
Vista Municipal Code
Chapter 10.68
Bicycles
Sections:
10.68.010
Definitions
10.68.020
Destroying Bicycle Identification
10.68.030
Riding on Sidewalks
10.68.040
Riding on Bicycles
10.68.050
Bikeways
10.68.060
Dismount in Crosswalk & on Sidewalk
10.68.070
Bicycle Parking
10.68.080
Traffic and Safety Laws Apply to Persons Riding Bicycles
10.68.090
Motorized Scooters & Motorized Bicycles
10.68.100
Enforcement
Section 10.68.010 Definitions
"Bicycle" is any device on which any person may ride, propelled exclusively by human power or has fully operable pedals and an electric motor of less than 750 watts, or as otherwise defined in California Vehicle Code Section 231 & 312.5 as may be amended from time to time. (Prior Code 5-1; Ord. No. 75-36, Amended 2/9/75; Ord. No. 76-3, Amended 2/23/76) "Bicycle Identification" is any bicycle license indica, registration form, serial number, or identification marks on any bicycle.
"Bikeway" means all facilities that provide primarily for, and promote, bicycle travel or as otherwise defined by California Streets and Highways Code 890.4. "Crosswalk" is any portion of a roadway distinctly indicated for pedestrian crossing by lines or other markings on the surface or as otherwise defined in California Vehicle Code Section 275. "Motorized Bicycle" or "Moped" is a two -wheeled device with or without operational pedals, an automatic transmission, and an electric or gas -powered motor that can propel the device and rider at speeds no greater than 30 miles per hour or as otherwise defined by California Vehicle Code Section 406 as may be amended from time to time.
"Motorized Scooter" is any two -wheeled device that has handlebars, has either a floorboard that is designed to be stood upon when riding and is powered by an electric motor, or as otherwise defined by California Vehicle Code Section 407.5 as may be amended from time to time. "Roadway" means all facilities that are ordinarily used for vehicular travel or as otherwise defined in California Vehicle Code Section 530.
"Sidewalk" means the portion of the public right of way used for pedestrian traffic. The term "sidewalk" excludes any area primarily designated for use by vehicles, bicycles, the conveyance of storm water or planted with landscape.
10.68 (1)
EXHIBIT 2
(Vista 01/09/24)
12/10/2024 PH 1 7 of 9
Vista Municipal Code
Section 10.68.020 Destroying Bicycle Identification
It is unlawful for any person to willfully or maliciously remove, destroy, alter, tamper with or mutilate any bicycle license indicia, registration form, serial number or identification marks on any bicycle frame during the time such indicia is operative. However, nothing in this chapter prohibits the license collector from stamping numbers on the frames of bicycles on which no serial number can be found or on which said number is illegible or insufficient for identification purposes. (Prior Code 5-1 O; Ord. No. 75-36, Amended 2/9/75; Ord. No. 76-3, Amended 2/23/76) Section 10.68.030 Riding on Sidewalks
Bicycle Restriction. It is unlawful for any person to ride or operate a bicycle upon any sidewalk in the city, with the exception of locations included in the City's Bicycle Master Plan with proper signage and striping as approved by the City's Traffic Engineer. Law enforcement officers shall be exempt from the provision of this section when in the performance of their duties. (Ord. No. 98-12, Added, 11/10/98; Ord. No. 2015-3, Amended, 1/27/15) Section 10.68.040 Riding on Bicycles
A. Any person riding or operating a bike shall always exercise reasonable care and observe all applicable laws.
B. It shall be unlawful for any person to ride in a manner not designed by the bicycle manufacturer for passenger riding. There shall be a manufacturer installed seat for the rider and every passenger on a bicycle. It shall be unlawful for the operator of any bicycle to carry any other person upon the handlebars or pegs of any bicycle.
Section 10.68.060 Dismount in Crosswalk and on Sidewalk Every bicycle operator, when using a crosswalk to cross an intersection or using a sidewalk, shall dismount from their bicycle to use the crosswalk or sidewalk.
Section 10.68.070 Bicycle Parking
A. No person shall park a bicycle on a public street or roadway unless signage or marked delineation explicitly allows for it.
B. It is permissible to park a bicycle on a sidewalk in a bike rack to support the bicycle or against a building or on a sidewalk in such a manner as to afford the least obstruction to pedestrian traffic.
Section 10.68.080 Traffic and Safety Laws Apply to Persons Riding Bicycles Every operator or passenger riding a bicycle on a roadway or bikeway shall be granted all of the rights and shall be subject to all of the duties applicable to the operator or passenger of a vehicle established in this charter and as otherwise provided in Sections 21200-21213 of the California Vehicle Code.
10.68 (2) (Vista 01/09/24)
12/10/2024 PH 1 8 of 9
Vista Municipal Code
The above is intended to require riders and operators of bicycles to always ride at speeds appropriate for the road and bikeway conditions, always rude on the right side of the read and in the same direction of vehicle travel on said road, obey alltraff�ns, speed limits and all ether to rode safely dUFiRg daylight or darkness, maintain the safety features of their biGyGles, and w safety gear as a�vviQed by Seems 71200-21213 of �(`�lifornia Vehin� Gede and to position vaT cc rr� cr crc-ra--vr California T cry
themselves in accordance with California Vehicle Code Section 21202(b,, which allows for exceptions when it is safe and necessary to do so. Bicyclists must obey all traffic signs, speed limits and all other applicable laws and regulations.
Section 10.68.090 Motorized Scooters & Motorized Bicycles Every operator or rider of a motorized scooter or motorized bicycle is required to follow the laws of this charter as if operating as a bicycle rider and as otherwise provided in the California Vehicle Code. In addition, a person may not operate a motorized scooter or motorized bicycle unless that person holds a valid driver's license with appropriate classifications as provided by the California Vehicle Code Section 12804.9. Every operator or rider of a motorized scooter or motorized bicycle is required to comply with all applicable provisions of the California Vehicle Code governing the operation of such devices to ensure consistency and safety.
Section 10.68.100 Enforcement
In lieu of the imposition of the penalties authorized by this title and/or the filing of charges in a court of competent jurisdiction, the Sheriff Captain or designee may allow a first-time violator of this chapter to complete a law enforcement department -approved bicycle safety course.
10.69(3) (Vista 3/25/11)
12/10/2024 PH 1 9 of 9
ADD TO PACKET
From:
Pete Penrevres
To:
Public Commen6
Q:
Maron"P a"Grover
Subject:
Agenda Item PM1
Date:
Tuesday, De nber 10, M2412:28:02 PM
Honorable Mayor and City Council Members,
I am in favor of Agenda Item PH1 Ammending Chapter 10.68 of the Vista Municipal Code per the recommended action.
I applaud the Code's intention to be consistent with all California Vehicle Code Regulations while encouraging legal and courteous behavior of Bike and E-bike riders throughout the City.
Respectfully,
Pete Penseyres
- Ocean street
Carlsbad, CA 92008
League of American Bicyclists Certified Instructor #2020 Jal
PH 1: Amendments to Vista Municipal Code
Chapter 10.68
Background
Purpose of Amendments:
To align Vista Municipal Code with California Vehicle Code for consistency and safety. •Safety: Improve safety for cyclists, pedestrians, and motorists. •Clarity: Eliminate redundancy and confusion in local regulations. •Flexibility: Allow cyclists to make safer choices when navigating the city.
VMC 10.68 Amendments
VMC 10.68 Amendments
VMC 10.68 Amendments
VMC 10.68 Amendments
VMC 10.68 Amendments
•Ordinance No. 2024-__, amending Chapter 10.68 of the
Municipal Code related to the use and operation of bicycles in the City
Staff Recommendation