NOTICE OF INTENT TO CIRCULATE PETITION

Notice is hereby given by the persons whose names appear hereon of their intention to circulate the petition within the City of Berkeley for the purpose of enacting an ordinance to accommodate alternative transportation in the City of Berkeley. A statement of the reasons of the proposed action as contemplated in the petition is as follows:

Nonmotorized Traveler Equality Ordinance of 1998

This proposed ordinance would correct recent inequities in our transportation system in a way that would greatly benefit all of Berkeley. The ordinance would educate our children to be better informed of their transportation future and the choices that we as a society can make. It would also protect impounded bicycles from rust. The ordinance would notify the public through signage of the risks of motor vehicle travel. It would correct shortcomings in the Berkeley Municipal Code by specifically protecting the human rights of all travelers from discrimination based on mode of travel. It would help protect cyclists from ongoing problems of aggression and assault by motorists, help ensure equal treatment at crash scenes, and allow cyclists to petition for the study of safety improvements. The ordinance would authorize development of an advisory pamphlet and instructional video with a booklet to educate the general public, the police and judiciary in understanding and respecting the rights of nonmotorized travelers as well as educating them about the great benefits of allowing for and encouraging such travel. The ordinance would further act to encourage bicycling and to make the roads safer for all people by basing fines and enforcement directly upon actual risks to public health, as well as by helping to ensure that the main routes for wheelchair riders and bicyclists are kept safe and smooth, and unobstructed. The ordinance would help ensure secure parking for bicyclists at work and while shopping, and would generally provide a model for other localities.

BODY OF ORDINANCE

Nonmotorized Traveler Equality Ordinance of 1998

The people of the city of Berkeley ordain as follows:

Section 1. NONMOTORIZED TRAVELER PROTECTION
For the purposes stated therein, a new Chapter 14.28 shall be added to the Berkeley Municipal Code, entitled "Nonmotorized Traveler Protection", which provides as follows:

14.28.010 PURPOSE

This Chapter has the following purposes:
(A) to promote transportation alternatives to driving automobiles and to decrease traffic and congestion so that motorists who need to drive or chose to drive can do so more easily and so that nonmotorized travelers can safely, conveniently, and comfortably travel throughout the city of Berkeley;
(B) to educate people who live and travel in Berkeley and all agencies and decision makers involved in transportation funding decisions about the extent to which nonmotorized travelers in the City of Berkeley are not protected in their fundamental human right to travel safely, conveniently, comfortably, freely, and without apprehension or duress;
(C) to educate the public in how transportation systems are designed and how they are selected, and to educate drivers and people of all ages as to the comprehensive and personal risks, costs and harms of private motor vehicle use, many of which may not be commonly understood or widely known, and in the comparative benefits of transportation alternatives;
(D) to educate children about transportation alternatives, the societal costs of different modes of transportation, the relative risks, the health aspects, and the economic aspects of different modes of transportation, and to train children how to navigate by bus, rail, and ferry services, as well as training in how to safely operate and maintain a bicycle, including training in fixing one's own bicycle, properly securing a bicycle and protecting against bicycle theft, obeying the rules of the road, proper bicycle etiquette, and the acquisition of real-life cycling skills which are known to dramatically reduce the risk of accidents for new riders; and
(E) to ensure that nonmotorized travelers are given equal consideration and respect in the design of transportation facilities and in the enforcement of traffic laws.

14.28.020 DRIVER AND BICYCLE ADVISORY PAMPHLET
(A) A Driver Advisory Pamphlet shall be developed, maintained, and updated for drivers which: 1) explains the rights of nonmotorized travelers; 2) encourages the sharing the public roadways with nonmotorized travelers; 3) describes both the benefits of alternative transportation and the personal and societal costs and harms of driving; 4) and describes how to pursue alternative means of transportation. This pamphlet shall be distributed to motorists when they purchase a new or used car, made available to UC Berkeley students, at sobriety check points, as available literature in appropriate City offices, and whenever parking permits or citations are issued, and whenever a report of dangerous driving is made. The pamphlet shall also be incorporated into the curriculum of Driver's Education programs and classes regarding transportation. The City may adopt other methods of distribution of the pamphlet as appropriate.
(B) A second pamphlet known as the Bicycle Advisory Pamphlet, shall be developed, maintained and updated for bicyclists and other nonmotorized travelers which: 1) explains the rules of the road as they apply to bicyclists; 2) explains proper bicycling etiquette; 3) illustrates proper techniques for riding a bicycle on the roadway; 4) illustrates and discusses proper equipment; 5) describes techniques to avoid bike theft; 6) describes the recourses available to a cyclist who has been struck or assaulted; 7) describes the special considerations given to bicyclists and other nonmotorized travelers in Berkeley; and 8) explains how bicyclists get involved in improving conditions for bicyclists in the City of Berkeley. This pamphlet shall be made available to the public and shall be distributed to cyclists who have been cited for moving violations, who report a stolen bike, who have been involved in a crash, and who report being assaulted or harassed while riding. The Bicyclist Advisory Pamphlet shall also be made available to all UC Berkeley students.

14.28.030 COURTEOUS TRAVELING ENCOURAGED
(A) Because courteous driving and bicycling contributes to making the city of Berkeley a better place to live and work, the city of Berkeley police department shall take and record citizen complaints and notify reported drivers and bicyclists that they have been reported for dangerous or reckless behavior, as well as sending them the Driver Advisory Pamphlet of 14.28.020(A) or the Bicyclist Advisory Pamphlet of 14.28.020(B), as the case may be. This program shall take reports via the internet both by email and by web page forms, via a voicemail service, and via postal mail, as well as through each police citation given to drivers in Berkeley. Reports shall be accepted for both future and past incidents. Such reports shall be made available to the public with the removal of personal information. The City shall act to encourage that this program expand regionally, statewide, and nationally.
(B) Police shall make a full report of any and all instances of recklessness and hostility exhibited by any traveler, and such instances shall include assaults. Assault includes but is not limited to threatening motions, dangerous driving such as tailgating, physical assault including ramming, sideswiping, striking, swinging or shouting loudly through a window, and throwing of objects; the yelling of threats or illegal honking of a horn while driving a motor vehicle; and other aggressive behavior that raises a reasonable apprehension of immediate bodily harm. When such assaults are committed by the driver of a motor vehicle, police shall consider whether an assault with a deadly weapon has occurred, even in instances where no actual physical harm has been committed, and all such assaults shall be treated as serious offenses which discourage nonmotorized travel. Police shall implement procedures to make it as easy as possible for citizens to report any abuses and shall never act to discourage or deny a citizen from making a report.

14.28.040 POLICY OF NONDISCRIMINATION AGAINST BICYCLISTS AT CRASH SCENES
Police officers responding to the scene of a crash involving a bicycle and a motor vehicle shall give due consideration to all of the evidence of fault and shall not assume fault on the part of either the motorist or the cyclist. Among the factors the officer shall consider include whether the driver of the motor vehicle violated the basic speed law. In case of a motorist rear–ending a cyclist at any speed, it shall be presumed, as it is with any other rear-end collision, that the motorist acted negligently, in the absence of some emergency not created by the motorist's own conduct, or other unforeseeable circumstance. The investigating officer shall give due consideration to the rights of cyclists, including the right to take a full lane for safety, and to be in any part of the roadway under certain circumstances including but not limited to passing, avoiding obstacles, turning, traveling at the normal traffic speed, changing lanes, and traveling on a one–way roadway with two or more traffic lanes.

14.28.050 GROUP BICYCLE RIDES
Group bicycle rides shall not be harassed by any police officer or employee of the city of Berkeley and group bicycle rides shall not be given undue attention simply because they are traveling en masse. In addition, the right of cyclists to travel within their legal rights shall be protected under the law. Absent an emergency situation, police may not block any legal bicycle routes to cyclists anywhere in the city during group bicycle rides. In addition, cyclists traveling in a group shall not be required to relinquish their rights to the road, nor shall police limit the places of travel of cyclists nor order them to ride a specific legal speed when they are traveling with a group.

14.28.060 RESPECT OF NONMOTORIZED RIGHT-OF-WAY
Because of the fear and danger which is caused by aggressive behavior on the roads, and in light of the dramatic increase of "road rage" incidents, the City shall have zero tolerance for behavior which disrespects the right-of-way and right to the roadway of nonmotorized travelers, particularly when committed by drivers of motor vehicles. Such behavior includes but is not limited to honking, shouting, the gunning of engines, inching towards a person, entering a crosswalk where pedestrians are present, not yielding when merging onto a street from a free right turn lane, exiting a driveway without due caution, not coming to a complete stop for nonmotorized travelers crossing one's path, not waiting for nonmotorized travelers to be clear of one's path, any behavior which causes undue risks to or otherwise affects a nonmotorized traveler who has the right of way, and any impatient or aggressive behavior designed to agitate or intimidate nonmotorized travelers into yielding their right-of-way. The city of Berkeley Police Department shall investigate such violations and shall consider in their investigation whether reckless driving or assault have occurred.

14.28.070 BICYCLE RIGHTS SENSITIVITY TRAINING
City Employees involved with the legal system, including police officers, commissioners and judges, shall be educated about the rights and responsibilities of cyclists and trained to respect and enforce these rights. This education program shall consist of an educational book and video funded by the City of Berkeley and created with the help of local advocacy organizations, and shall be made in such a way that the program can be adapted to other jurisdictions, which shall be encouraged by the City. This program shall be administered to local police and offered to judges and commissioners as well as to schools and the general public.


Section 2. TRIP REDUCTION INFORMATION PROGRAM
To enhance the provisions of Berkeley's Trip Reduction Information Program, Chapter 14.24 of the Berkeley Municipal Code shall be amended as follows:

--A new Section 14.24.055 shall be added:

14.24.055 PUBLIC WARNING OF AUTOMOBILE HAZARDS AND ADVISING OF ALTERNATIVES
(A) All city-owned parking lots, all BART station parking lots and any Berkeley–based business which facilitates or encourages the driving of motor vehicles, including but not limited to parking lots, automobile dealerships, gasoline stations, automobile clubs, automobile parts retail outlets, automobile insurance agencies, automobile rental services, drive–through outlets, and auto repair shops, shall post in plain view of all patrons, clear and prominent signage, supplied by the City, warning of the hazards of automobile use. Signs may have any of the following messages:

a: WARNING! Automobiles are the number one source of greenhouse gases in California. Please consider steps to reduce driving, such as shopping locally and using alternative transportation wherever possible. For more information, call Berkeley TRiP [insert phone number here].

b: WARNING! Automobiles are the number one cause of acid rain in California. Please consider steps to reduce driving, such as shopping locally and using alternative transportation wherever possible. For more information, call Berkeley TRiP [insert phone number here].

c: WARNING! Automobiles are the number one cause of death among children in the United States. Please consider steps to reduce driving, such as shopping locally and using alternative transportation wherever possible. For more information, call Berkeley TRiP [insert phone number here].

d: WARNING! The air in your car may be more than 20 times as polluted as outdoor air. Please consider steps to reduce driving, such as shopping locally and using alternative transportation wherever possible. For more information, call Berkeley TRiP [insert phone number here].

e: WARNING! Automobiles are the number one cause of noise, congestion and pollution in Berkeley. Please consider steps to reduce driving, such as shopping locally and using alternative transportation wherever possible. For more information, call Berkeley TRiP [insert phone number here].

(B) The foregoing warnings shall be placed on all automobile–related documents supplied by the City of Berkeley, including traffic tickets and parking permits, and on all automobile–related billboard advertisements. Such signs shall be distributed with equal frequency of use given to each design.

--A new Section 14.24.056 shall be added:

14.24.056 BICYCLE PARKING REQUIREMENTS
Any retail store or employer which provides parking for motor vehicles shall provide adequate and secure parking for bicycles or else allow bicycles to be taken into the store or place of employment for safekeeping. Employers shall be encouraged to permit bicycles to be brought inside their premises, and the city shall provide free signage for businesses and employers stating, "Bicycles Welcome Inside."

14.24.057 HONORING NONMOTORIZED SOLIDARITY
The City of Berkeley declares Wednesdays to be "Waving Wednesdays" and Thursdays to be "Thumbs-up Thursdays" for nonmotorized travelers, in honor of the mutual friendship, goodwill, and bravery in the face of adversity embodied in the spirit of these two traditions.

Section 14.04.180 of the Berkeley Municipal Code shall be amended to delete, "or parking meters" and add: "It shall be legal to park bicycles to parking meters."

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Jason Meggs, Director, Bicycle Civil Liberties Union



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Attorney at Law



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Attorney at Law

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