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:

Pedestrian, Wheelchair–rider and Bicyclist Nonmotorized Traveler Equality Act of 1998

This proposed ordinance would work to correct historic recent inequities in our transportation system in a way that would greatly benefit all of Berkeley. The ordinance would result in a major study of transportation costs and benefits and of the extent to which equal rights to travel have been denied, and would propose a program to correct those inequities. The ordinance would work to educate our children to be better informed of their transportation future and the choices that we as a society can make. The ordinance would give new freedom to neighborhoods to reclaim land on each block for open space. It would help to provide protection from rain at bus stops, and 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 bicyclists from ongoing problems of aggression and assault by motorists, help ensure equal treatment at crash scenes, and allow bicyclists to petition for safety features. 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

1) EQUITABLE FUNDING AND RIGOROUS COST/BENEFIT ANALYSIS –– The City shall direct the Education, Aging, Community Health, Energy, Disability, Community Environmental Advisory, Human Welfare and Community Action, Peace and Justice, Planning, Public Works, and Transportation Commissions and the Redevelopment Agency, to undertake a large, significant, and comprehensive analysis of the extent to which there is inequity in representation of nonmotorized travelers, and 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 duress. Such study shall also take into account County, Regional, State and Federal funding streams and shall also analyze those sources in the description of equity. As a result of this study, the City shall notify all agencies and decision makers involved in such funding decisions, including but not limited to the Metropolitan Transportation Commission, the California Transportation Commission, the Alameda County Transportation Authority, the Alameda County Congestion Management Agency, ISTEA allocations decision makers, the Assembly Transportation Subcommittee, the Senate Transportation Subcommittee, the Joint Transportation Subcommittee, and any other involved agencies or individuals who have been identified as parties in the allocation of funding through the pursuit of this study. These parties shall be notified that equity based on potential use, keeping in mind that bicycle usage has been discouraged and should in turn be encouraged, shall be a determining factor in the distribution of funding and in the creation of facilities. Such facilities must be designed such that all citizens, not just the most fearless, can use them with comfort and security. In addition, the City shall encourage all transportation decision makers to take measures to better study and understand nonmotorized travelers, in particular by modifying the next census to accurately study usage of all modes of transportation by all persons independent of employment status.

2) PUBLIC TRANSPORTATION EDUCATION –– Be it hereby resolved that the City of Berkeley shall act to educate the public in the use of alternative transportation and in understanding how transporation systems are designed and how they are determined. The City shall Direct the Education, Aging, Community Health, Energy, Disability, Community Environmental Advisory, Human Welfare and Community Action, Peace and Justice, Planning, Public Works, and Transportation Commissions and the Redevelopment Agency, to provide a plan for educating drivers and people of all ages as to the comprehensive and personal risks, costs and harms of private motor vehicle use, and in the comparative benefits of alternate transportation, with a historical look at the evolution of our transportation system as compared with our current system, and an exploration of ways in which our transportation system can be changed for the benefit of all including the role of citizen advocacy in affecting such changes. These commissions should work with local advocacy groups and the general public to accomplish these goals as broadly and as effectively as possible. In addition, the Berkeley Unified School District (BUSD) shall be directed to whatever extent possible and strongly encouraged to construct educational programs both in classroom, in after school programs, and in Physical Education, regarding alternative transportation modes, the societal costs of each mode, the relative risks, the health aspects, the economic aspects, training in 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, and the acquisition of real-life cycling skills which are known to dramatically reduce the risk of accidents for new riders. Furthermore, the BUSD and the City shall work to encourage such programs to be implemented regionally, statewide, and nationally.

3) DRIVER ADVISORY PAMPHLET –– A pamphlet shall be developed 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 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 to whatever extent possible, and shall be available for adaptation to other cities. The City may adopt other methods of distribution of the pamphlet as appropriate.

4) COURTEOUS TRAVELING DRIVING ENCOURAGED –– The City of Berkeley shall hereby establish a program encouraging courteous driving and bicycling. The 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 or the Bicyclist Advisory Pamphlet, 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. Anonymous reports shall be accepted. The City shall act to encourage that this program expand regionally, statewide, and nationally.

In addition, Police shall be directed to make a full report of any and all instances of driver recklessness or driver and hostility exhibited by any traveler, and such instances shall include assaults. including but not limited to assault. Vehicular assault 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 driving. When such assaults are committed by the driver of a motor vehicle, police shall treat such situations as to be vehicular assault, even in instances where including honking, shouting and reckless driving incidents where no actual physical harm has occurred, and all vehicular assaults shall be treated as serious offenses which discourage nonmotorized travel bicycle riding. Police shall strive to make it as easy as possible for citizens to report any motorist abuses and shall never act to discourage or deny a citizen from making a report. The City shall direct, where possible, and otherwise strongly encourage, all law enforcement agencies resident in or with jurisdiction in the City of Berkeley, including but not limited to the Berkeley Police Department, the University of California Police Department, the Alameda County Sheriff's Department, the California Highway Patrol, the Postal Police, the AC Transit Police, East Bay Regional Park District Police, and the Bay Area Rapid Transit District Police, as well as private security forces such as the Berkeley Guides, to comply with this section.

5) SMOOTH PAVEMENT ON NONMOTORIZED ROUTES –– The City hereby wherever feasible shall take measures to ensure that bicycle/wheelchair routes including main streets are kept in excellent condition as the highest priority over other street paving projects. In particular, upper Hearst, Hillegass, and King Streets must be repaved immediately.

6) BICYCLE VIOLATIONS: REDUCED FINE SCHEDULE –– Be it hereby resolved that no traffic infraction committed by a bicyclist shall incur a charge of more than $10.00.

[Change to $25.00 ????]

7) PROTECTION AND RETURN OF BICYCLES –– Impounded bicycles shall be treated with due care and should be protected from the elements such as rain. Bicyclists shall have the same or better right to expediency in recovering their impounded bicycles as do motorists their vehicles.

8) EQUAL ACCESS TO ROADWAYS –– Access for nonmotorized travelers to the all roadways including tunnels and overpasses roadway in tunnels including the Solano Tunnel, as well as to the University overpass, shall be guaranteed, and warning devices or signs shall be posted if deemed necessary to notify motorists that nonmotorized travelers may be using the roadway.

9) CRITICAL MASS Group Bicycle Rides–– Critical Mass Group bicycle rides must no longer be harassed by any local police organizations. Police shall not give undue attention to bicyclists simply because they are traveling en masse. Because public safety is many times more jeopardized by motor vehicles than by bicycles, there must be a correspondingly greater allocation of police forces to the monitoring of motor vehicle travel as to bicycle travel. Police may not restrict cyclists from traveling within their legal rights. Police may not block any legal bicycle routes to cyclists anywhere in the city during Critical Mass group bicycle rides. Cyclists traveling in a group shall shall not be required to relinquish their rights to the road, nor shall police Police may not limit the places of travel of bicycles nor order them at which speed to ride when they are traveling with a group. The City of Berkeley shall send a letter of concern to jurisdictions where the rights of group bicycle rides have reportedly been violated. Said letter shall include an offer to assist the offending jurisdiction in overcoming the factors which lead to such violations with both materials and policies. The City shall additionally take whatever measures possible to aid bicyclists who's rights have been violated and shall take a firm stance against such violations.

10) PROTECTION OF NONMOTORIZED TRAVELER RIGHT–OF–WAY –– Be it hereby resolved that Berkeley shall have zero tolerance for the blocking of public sidewalks, curb–cuts, bike lanes, and other rights of way, and that the appropriate enforcement agencies shall act as quickly as possible to clear the way upon finding that such an obstruction has occurred, first by citing the offender, offending vehicle, and second, if the obstruction is a motor vehicle, by acting to tow the vehicle after spending up to five minutes attempting to find the owner and then if successful, seeing that the owner immediately complies by clearing the public way, and finally by citing the driver for blocking traffic. Let it further hereby be resolved that the City of Berkeley shall act to protect the sanctity of the sidewalk for use by pedestrians and other nonmotorized travelers, as it is often the one safe public space available for their activities including but not limited to walking, rolling, riding, self–maintenance and repairs, as well as cultural, social, and business pursuits including but not limited to discussions, art making, transactions, observations, and rest.

11) RAIN SHELTERS FOR BUS AND RAIL RIDERS - Be it hereby resolved that the The City shall encourage local transit service providers to find funding for protected enclosures at all transit stops, to provide bicycle and wheelchair access to all transit services, and to provide protected bicycle storage facilities at transit stops. The City shall also help to expedite the provision of these facilities and features in any way available, including but not limited to permitting, acquisition of right of way, the seeking of funding, and in the construction of facilities.

12) CELL PHONES AND OTHER IMPAIRMENTS - Any person who commits a moving violation or is involved in a crash while using a cell phone, "electronic toy", television set, computer, radio transmitting device, or other device, or engages in any other activity, which may impair or distract a driver, shall be investigated for reckless driving, and that investigation shall take into full account the exaccerbated risk to the public of using a cell phone or engaging in any other distractive activity while driving.

13) BICYCLE RIGHTS SENSITIVITY TRAINING –– A rigorous program of education for City Employees involved with the legal system, such as police, commissioners and judges, shall be initiated. This education process shall consist of an educational book and video funded by the City of Berkeley and created with the help of local advocacy organizations, such as the Bicycle Civil Liberties Union, 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.

14) CALIFORNIA STOPS (RELAXING STOPS): Be it hereby resolved that the City of Berkeley shall work to encourage the State of California to relax the rules for bicyclists regarding stop signs and stop lights to be similar to the rules in Idaho, where bicyclists are permitted to treat stop signs as yield signs, and to treat stop lights as stop signs. Until that time, the City shall make the enforcement of stop signs and lights for bicyclists a low priority, lower than that of jaywalking, unless failure to stop violates the right of way of any other pedestrian, bicycle, or automobile.

15) POLICY OF NONDISCRIMINATION AGAINST BICYCLISTS AT CRASH SCENES –– 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 bicyclist. 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 bicyclist 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 bicyclists, 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.



16) BASIC SPEED LAW ENFORCED -- Berkeley is a city with many bicyclists and other nonmotorized travelers. Nonmotorized travelers are endangered by motor vehicles, primarily because of their deadly momentum and reduced field of vision. Therefore, and it is the responsibility of motorists to pay particular attention to bicyclists and other nonmotorized travelers. travel in a manner which is safe. Be it hereby resolved that the City of Berkeley has zero tolerance for the killing or injuring of any person, and therefore at any crash scene all motorists involved must be investigated under strong suspicion of violating the basic speed law. Investigating officers shall rigorously and aggressively scrutinize the facts of the case as completely as possible for further indications of motorist fault including but not limited to driving while under the influence of alchohol or drugs, driving an unsafe vehicle, and other vehicle code violations. In the rare case that a bicyclist kills or injures someone, equal consideration shall be given.

17) OPEN SPACE BY BLOCK –– Be it hereby resolved that, in In any neighborhood of Berkeley, if all property owners on any given block agree, then their block may be converted in such a way that their on-street parking may be removed and their traffic lanes may be reduced to a minimum of nine feet or whatever the minimum legally permissible lane width which still allows for safe and convenient bicycle and motor vehicle travel, may be, and that they may choose to include bike lanes in the redesign of their street, although existing bike lanes may not be removed, and that the resulting reclamation of space from on–street parking shall be titled to the all land rights of the City in the converted land shall be returned to the owners of the houses on the block as an increased, outward extension of their front yards, and, that this change shall be made by the City on or before their regularly scheduled street repaving. No street reconfigured in this manner shall be converted to a one-way street, nor can such a reconfigured street be changed back to the original configuration without unanimous agreement of the property owners on said block. Additionally, if all property owners so desire, then their street may be reduced to the minimum width necessary for emergency access, and the road shall be closed to motor vehicle traffic excepting emergency vehicles. The road may be changed to have a dirt, cobblestone, brick, or other type of surface. In all cases, the sidewalk may remain in its existing location. Residents of such a block must plan to fulfill their parking needs, if any, entirely on their own block when proceding with such a redesign.

18) EQUAL ACCESS TO FREEWAYS –– Be it hereby resolved that the City of Berkeley supports full nonmotorized access to freeways including toll bridges for nonmotorized travelers and requests that the California Department of Transportation remove all prohibitions to travel on freeways except in those places where it has been demonstrated that the risk to public safety significantly exceeds both the existing risk for current users of the freeway as well as the existing risk on other public roads for nonmotorized travelers unless there is no reasonable alternate route. Letters shall be sent to all appropriate agencies and the legislature notifying them of this policy and encouraging them to support it.

19) NOTICE OF TRAGEDY –– Be it hereby resolved that the City of Berkeley cares about the loss of life on our roadways and so shall take steps to inform the public each time a death or serious injury occurs as the result of a motor vehicle crash, and that such notice shall include but not be limited to there shall be notice of such posted the posting of notice of the tragedy to the internet and in local newspapers, and that in addition, a placard over the central downtown area (Shattuck and University) in full public view, shall be constructed to notify travelers each time such tragedy occurs. Nothing in this section shall preclude protecting the victim's and victim's family's right to privacy.

20) EQUALITY –– The Berkeley Human Rights Policy shall be amended as follows: "...without distinction as to race, sex, language, mode of travel,or religion."

21) SAFE RIDING ON SIDEWALKS –– Berkeley Municipal Code Section 14.04.120 (C) shall be appended with the phrase, "...is necessary to perform official duties and in compliance with the California Vehicle Code."

22) PROPER CLASSIFICATION OF MOTOR VEHICLES –– Berkeley Municipal Code Section 13.68.010 will shall be appended to include motor vehicles as weapons: "G. Any motor vehicle when used in an aggressive, reckless or threatening manner."

23) DEFINITION OF NONMOTORIZED TRAVELERS AND SUPER VEHICLES –– The Berkeley Traffic Ordinance No. 3262 N.S. definitions section shall be modified as follows: "1.10 Nonmotorized travelers -- any operator of a bicycle, super vehicle, or vehicle whose motion is the result of human power without combustion, and any pedestrian including but not limited to skateboarders, rollerbladers, pogo–stickers, unicyclists, and both manual and electric wheelchair riders.", and, "1.20 Super Vehicle -- any group of nonmotorized travelers voluntarily acting as one tight unit, which shall have the right to remain together and not be segmented by stop signs or stop lights."

24) OFFICIAL ACCIDENT INVESTIGATION –– The Berkeley Municipal Code shall be amended to include the following: "14.04.205 Accidents ? report and investigation by police officer required. It shall be the duty of any police officer immediately after being notified of any accident involving a nonmotorized traveler to take a report of said accident. Such report shall be as comprehensive as possible. Officer(s) shall never deny a witness statement on any grounds, but rather officer(s) shall encourage all witnesses to make statements. Officer(s) shall scrutinize all motorized vehicles involved in any crash for equipment violations, as well as scrutinizing motor vehicle operators for sobriety to the maximum extent allowed by law."

25) PARKING ON METERS ALLOWED –– Section 14.04.180 of the Berkeley Municipal Code shall be repealed (it shall now be legal to park bicycles to parking meters).

26) EQUAL PARKING REQUIRED –– 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. Businesses and employers shall be encouraged to permit bicycles to be brought inside their permises, and the city shall provide free signage for businesses and employers stating, "Bicycles Welcome Inside."

27) CYCLIST TRAFFIC CALMING BY PETITION –– Upon a request in writing from at least 25 cyclists who regularly use a given intersection, and upon a finding that a serious injury or fatality has occurred at said intersection, the City shall immediately and without appeal from any party, install investigate and study installing a traffic control device at said location, including but not limited to one or more of: stop sign; stop light; speed humps; raised walkways; raised intersection; and/or traffic circle. The type of device(s) may be subsequently modified as deemed appropriate.

28) PUBLIC WARNING OF AUTOMOBILE HAZARDS AND ADVISING OF ALTERNATIVES –– 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 drive less by locally and using alternative transportation wherever possible. For more information, call Berkeley TRiP 999–9999.

b: WARNING! Automobiles are the number one cause of acid rain in California. Please consider steps to reduce driving, such as drive less by shopping locally and using alternative transportation wherever possible. For more information, call Berkeley TRiP 999–9999

c: WARNING! Automobiles are the number one cause of death among children in the United States. Please consider steps to reduce driving, such as drive less by shopping locally and using alternative transportation wherever possible. For more information, call Berkeley TRiP 999–9999

d:WARNING! The air in you car may be more than 20 times as polluted as outdoor air. Please consider steps to reduce driving, such as drive less by shopping locally and using alternative transportation wherever possible. For more information, call Berkeley TRiP 999–9999

e: WARNING! World gasoline supplies are running out. Please drive less by shopping locally and using alternative transportation wherever possible. For more information, call Berkeley TRiP 999–9999

f: WARNING! Automobiles are the number one cause of noise, congestion and pollution in Berkeley. Please consider steps to reduce driving, such as drive less by shopping locally and using alternative transportation wherever possible. For more information, call Berkeley TRiP 999–9999

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 999–9999

In addition, such 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. Each day of violation by any business shall be an infraction punishable by a fine of no less than $250. Such signs shall be distributed with equal frequency of use given to each design.

29) SIGNAGE FOR BICYCLE SAFETY -- Signage shall be placed where appropriate to inform cyclists and other travelers of special circumstances in order to ensure safety. In particular, stop signs shall be fitted with additional signage stating whether they are "two–way", "three–way" or "all–way" stops; "Do not enter" and other signs shall be fitted with "Bicycles Excepted" signage wherever possible; and "Yield to Bicycles" signs shall be placed wherever there are potential right–of–way conflicts between bicyclists and motor vehicles, such as at the northbound crossing of Blake Street on Milvia, where bicyclists have no stop sign at a three–way intersection.

31) LEVEL OF SERVICE FOR PLANNING TO BE ABOLISHED -- Level of service for planning purposes shall no longer be an acceptable criteria in the configuration and design of roadways. Instead, the safety and convenience of travelers of all types in each community to move within their own communities is of paramount importance. The travel needs of those traveling through a community are secondary to those travelers who live within that community.

32) TRAFFIC SIGNAL TIMING -- All traffic signal timing shall take into due consideration the needs of all travelers. Specifically, no green light shall be so short as to prohibit the slowest traveler from crossing a roadway safely, and no yellow light shall be so short as to endanger a nonmotorized traveler who has entered the intersection just prior to the light turning from green to yellow.

33) Safe crossings reasonable -- All street crossings shall be reconfigured such that no nonmotorized traveler is required to travel more than one block along any roadway in order to safely cross said roadway.

34) Honoring Nonmotorized Solidarity -- The City shall hereby declare Wednesdays as "Waving Wednesdays" and Thursdays as "Thumbs-up Thursdays" for nonmotorized travelers.

34) SEVERABILITY -- If any provision of this ordinance or application thereof is held to be invalid, this invalidity shall not affect other provisions or applications of this ordinance which can be given effect without the invalid provisions or applications, and to this end the provisions and applications of this ordinance are severable.

The above ordinance is in this Notice to Circulate Petition, hereby put forth to be placed on the November ballot for the City of Berkeley in the year 1998, by we the undersigned proponents, on this day, July 6^th, 1998:

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Jason Meggs, Director, Bicycle Civil Liberties Union


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Attorney at Law


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Councilmember