Santa Clara County has a proposal for discussion Nov 20 to require permits for large groups of cyclists using county roads.
There's discussion on the "South Bay Cycling" list about this at the moment. From Rich Swent:
"Santa Clara County is proposing to adopt an ordinance requiring an encroachment permit for any "Special Event" that includes more than 50
bicyclists. The proposal will be discussed at the meeting of the Housing Land Use Environment and Transportation (HLUET) committee of the Board of Supervisors at 10:00 AM on November 20. You can view the agenda item here.
"Scroll down to item 12. I took a quick look, and it doesn't look good to me. It says it will apply to "an organized procession of 50 or more bicycles on a County Road...unless the procession will be conducted in accordance with
all requirements of California Vehicle Code Division 11, Chapter 1, Article 4." I think we need to push to remove a lot of the vagueness and to narrow the scope. For instance, specify that it only applies if more than 50 bicyclists would be starting at the same time and traveling in a single group. Also, how do you determine whether the event will take place in
accordance with the CVC? If you have a century where every rider has signed a form agreeing to obey the law, but one rider runs a stop sign, can the organizers be fined for failing to get a permit?
" Please read it for yourself and attend the meeting if you can (not easy). This item will eventually come to the County's BPAC, but it would be good to get comments on the record before that."
bobs
November 15, 2008 - 7:17am
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Is there a reason to focus
Is there a reason to focus this ordinance only on bicyclists? Shouldn't the same permits be required of all large gatherings of any class of non-CVC-compliant users of the public roadway, including motor vehicles, ridden and driven animals, motorized bicycles, scooters, etc.?
Bob Mack
November 15, 2008 - 6:03pm
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This is an important issue
This is an important issue for all bike clubs, charity and fun rides. We (Cycle California! Magazine) sent the following letter to all five supervisors. We encourage all bike riders and the SVBC to take a strong stand against this change to the encroachment permit ordinance.
Dear ___________,
I am writing in regard to item 12 on the November 20 agenda of the Housing, Land Use, Environment, & Transportation Committee (DRAFT Revised Ordinance Code B17, Chapter II, Article I, Encroachment Permits (Miscellaneous). http://www.sccgov.org/keyboard/attachments/Committee%20Agenda/2008/November%2020,%202008/202160622/TMPKeyboard202491495.pdf
In this draft ordinance, bicycles are singled out for regulation. This is unfair and unnecessary. Section "a" of this ordinance covers all activities on any county roadway. All road users should be treated equally, thus section "b" is not needed.
All road users of any type should be required to follow the provisions of the California Vehicle Code (CVC). Anyone who wishes to put on an organized event should be required to obtain an encroachment permit for any event that is planned to need a variance from the CVC.
I am requesting that you remove section "b" from the ordinance.
Paul Metz
November 23, 2008 - 8:09am
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We are peaceably assembling
We are peaceably assembling in the pursuit of happiness; does that count for something? And individually we have the right to be there, as this is on roads where bicycles are allowed. Do we need to be protesting something (pehaps a law that restricts our use of the roads) in order to be constitutionally protected?
US Constitution:
Amendment I
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances
CALIFORNIA CONSTITUTION
ARTICLE 1 DECLARATION OF RIGHTS
SEC. 3. (a) The people have the right to instruct their representatives, petition government for redress of grievances, and assemble freely to consult for the common good.
Paul Metz
rlswent
November 23, 2008 - 3:18pm
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The proposed encroachment
The proposed encroachment permit ordinance can be found at (new sections are underlined, parts being eliminated are struck out):
http://www.sccgov.org/keyboard/attachments/Committee%20Agenda/2008/November%2020,%202008/202160622/TMPKeyboard202491495.pdf
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The existing parade license laws can be found at:
http://www.sccgov.org/scc_ordinance/30307000.HTM
Parade License text in plain font
Encroachment Permit (proposed) in bold font
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“The term "parade" means a march or procession of any kind by a group of individuals associated for that purpose, other than a funeral procession, in or upon any public highway or public place solely within the unincorporated area of the county.”
“An organized procession of 50 or more bicycles shall be considered a Special Event unless the procession will be conducted in accordance with all requirements of the California Vehicle Code Division 11, Chapter 1, Article 4.” Most organized rides require riders to signs forms stating that they will obey the Vehicle Code. This ordinance would allow the County to punish the ride organizers financially if any of the participants break that promise.
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Not required if any part of the route is within the city limits of a city that has issued a parade license.
Required if ANY part of the route is on a road in unincorporated Santa Clara County. Note that there are many little pockets and sections covered by this. For example, Page Mill Road between Altamont and Foothills Park is under County jurisdiction.
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Fixed application fee.
Application fee, plus other fees as determined by the Sheriff (see below).
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Permitting decision is made by the Zoning Administrator.
Permitting decision is made by the Director of County Roads.
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The application is either approved, or a public hearing is held.
The Director can refuse to issue a permit “in proper cases” with no further explanation.
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If the Zoning Administrator has any concerns about public safety, a public hearing will be scheduled to consider the permit.
No public hearing process.
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If anyone wants to appeal a parade permit decision of the Zoning Administrator, the parade permit will be decided at a meeting of the Board of Supervisors, a public meeting.
A written appeal can be filed with the County Executive, who will issue a final ruling. There is no public process. Filing an effective appeal may be impossible because the Director is not required to give the reasons for denying the permit.
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“The Zoning Administrator may include such restrictions and conditions in the license regulating the time, place, duration or manner of conducting the parade as are reasonable and necessary under the circumstances to protect the public health, safety or welfare…” including insurance requirements.
Any Special Event permit “may contain any terms and conditions reasonably necessary to ensure public safety, protect public and private property within and adjacent to the right-of-way, and minimize public inconvenience.” How far can the Director require you to go to “minimize public inconvenience”? Aren’t the causes of some charity rides more important than a bit of public inconvenience?
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No additional costs are imposed.
The Sheriff can submit a written estimate of additional expenses that the Sheriff thinks are required, and the applicant must supply that money before the permit is issued. The amount may be appealed, but it must be supplied BEFORE the appeal. This allows the Sheriff to price you out of business even before you have a chance to appeal the amount.
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Violating the ordinance is a misdemeanor, with a $1000 fine or 6 months in jail, or both, with every day being a separate violation.
Unpermitted encroachment is a public nuisance, requiring the payment of “all abatement costs incurred in relation to the nuisance, including administrative costs, inspection costs, staff costs, contractor costs, attorneys' fees, and all costs associated with physically abating a public nuisance on or in connection with the property.”
rlswent
November 23, 2008 - 3:44pm
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Santa Clara County Board of
Santa Clara County Board of Supervisors can be sent mail at:
County Govt. Center, E. Wing
70 W. Hedding St., 10th Fl.
San Jose, CA 95110
Don Gage: don.gage@bos.co.santa-clara.ca.us
Phone: (408) 299-5010
Fax: (408) 295-6993
Blanca Alvarado: blanca.alvarado@bos.co.santa-clara.ca.us
Phone: (408) 299-5020
Fax: (408) 295-8642
Pete McHugh: primo.mchugh@bos.co.scl.ca.us
Phone: (408) 299-5030
Fax: (408) 298-6637
Ken Yeager: ken.yeager@bos.sccgov.org
Phone: (408) 299-5040
Fax: (408) 299-2038
Liz Kniss: liz.kniss@bos.co.santa-clara.ca.us
Phone: (408)-299-5050
Fax: (408) 280-0418
Meetings are held at 9:30 AM in the Board of Supervisors chambers in the County Government Center at 70 West Hedding St., San Jose, CA 95110. Anybody who wants to speak should turn in a speaker's card before the meeting begins, listing the agenda item to which you will be speaking. You will be given 2 minutes. The meeting agenda should be posted one week in advance at: http://www.sccgov.org/portal/site/scc/bosagendalist
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