Sebastopol adopts law to help bicyclists, pedestrians

[Barry]

In addition to the ground-breaking (or should I say anti-ground-breaking ) vote to prevent building permits for drive-throughs in Sebastopol, the council also appointed 2 new planning commissioners, including Scot Stegeman, who I know to be very progressive and is Rue Furch's partner, and this new ordinance supporting bicyclists. They are off to a great start!

Barry


Sebastopol adopts law to help bicyclists, pedestrians
https://www.pressdemocrat.com/articl...p=all&tc=pgall

By BOB NORBERG
THE PRESS DEMOCRAT
Published: Tuesday, December 18, 2012 at 3:00 a.m.
Last Modified: Tuesday, December 18, 2012 at 9:45 p.m.

Sebastopol became the first city in Sonoma County and one of few in the nation to pass an ordinance that makes it easier for bicyclists and pedestrians to sue drivers who threaten or harass them.

“It's a way to send a message that people who are not in cars have rights too,” said Councilman Patrick Slayter. “Just because you are driving a 5,000-pound weapon doesn't mean might makes right.”

The “vulnerable road users” ordinance was passed on a unanimous vote, paving the way for it to become law when it comes back for a second reading at a future meeting.

“Hate is hate, it doesn't matter what it's for, anything we can do to stop bullying,” said Vice Mayor Robert Jacob.

The ordinance is being promoted countywide by the Sonoma County Bicycle Coalition, which it believes will stem the number of incidents just by being on the books.

“The best laws we have are the ones that act as deterrents,” said Gary Helfrich, executive director of the bike coalition. “That has been the experience in Los Angeles. There have not been any suits filed and there has been a decline in reported incidents.”

The Sebastopol proposal is meant to provide a legal recourse by giving the ability to file a civil suit to pedestrians, cyclists, roller skaters, skateboarders and the impaired.

It is patterned after similar ordinances that have been adopted in Los Angeles, Berkeley, Sunnyvale and Washington, D.C.

The coalition and other local bicycle advocates began promoting the ordinance this summer after a series of fatal and serious car crashes in the county involving cyclists and pedestrians.

There are frequent reports that cyclists have been yelled at, slapped, had things thrown at them or dumped on them and been shot at, said Sandra Lupien, coalition director of outreach.

Bill Oetinger of Sebastopol, ride director for the Santa Rosa Cycling Club, called the harassment of cyclists “hate crimes” that leave the victim shaken and sometimes hurt.

“No one should have to put up with it,” Oetinger said. “I don't think the non-cycling public is aware how much of it goes on.”

Jerry Meshulam of Sebastopol said that he has had people in pickups dump cups of soda on his head and throw cups at him.

“Is this ordinance going to stop that? Maybe not. The point is it gets the word out,” Meshulam said.

Linda Berg of Sebastopol, however, said she knows of cases where someone in a stopped car was run into by a skateboard rider and by a cyclist, neither of who stopped.

“Some of the bicyclists and pedestrians are guilty of not using good sense,” Berg said. “I'm not sure putting the burden on the motorist is a good idea.”

Supporters say the proposed ordinance is intended to fill perceived gaps in criminal prosecution, which has a higher standard of proof and requires such things as positive identification of the driver.

The proposed ordinance defines what harassment is and sets up a procedure for the injured party, whether it is a cyclist, pedestrian, jogger or skateboard rider, to bring a lawsuit against the aggressor, which could be a motorist or even a cyclist.

Harassment is defined as attempted physical assault and physical assault; verbal threats of assault; intentional injury or attempts to injure; distracting or attempting to distract a bicyclist, pedestrian or others; forcing someone off the street; passing at an unsafe distance of less than 3 feet; and failing to yield to a pedestrian walking or running along a road, crossing the road or crossing a public sidewalk or pathway.

You can reach Staff Writer Bob Norberg at 521-5206 or [email protected].

[nicofrog]

I am SUPER GLAD to hear this went through ,I hope Santa Rosa falls in line..
the amount of people hurt and killed there on bikes and walking is not good.

there IS something cyclists can do as well to promote good relations!!

STOP Violating traffic laws!! It makes us look stupid and self absorbed SO WHAT you lose some momentum stopping at a stop sign...(You get more exercise that way!) (repeats) ..

RED LIGHT! you can "roll stop"(even cops do it) then turn right ,ascertain it is safe,do a quick u turn and turn right and proceed . Just don't run right through.

and in Santa Rosa at NIGHT hello do you really think black,dark green and blue cloths are SO cool its worth getting run over for! I see 5 or six a day no helmet,dark green hoodies cutting through traffic like they were invisible,invincible..

needs a poster campaign or something WAKE UP TO VISIBILITY Get a HELLO KITTY sweatshirt!

It has to feel horrible to hit a pedestrian or cyclist lets work together to improve this crummy score.

I used to ride a LOT all my friends wanted me to Join CRITICAL MASS I never will because they flaunt disrespect for
traffic law and run every stop sign they come to. If I was a cop I'd ticket the whole lot.


SIGNAL FOR TURNS!! See YA out there
((Frog on a bike)) !!!!!!!!!!!!!

In addition to the ground-breaking (or should I say anti-ground-breaking ) vote to prevent building permits for drive-throughs in Sebastopol, the council also appointed 2 new planning commissioners, including Scot Stegeman, who I know to be very progressive and is Rue Furch's partner, and this new ordinance supporting bicyclists. They are off to a great start!

Barry


Sebastopol adopts law to help bicyclists, pedestrians
https://www.pressdemocrat.com/articl...p=all&tc=pgall

By BOB NORBERG
THE PRESS DEMOCRAT
Published: Tuesday, December 18, 2012 at 3:00 a.m.
Last Modified: Tuesday, December 18, 2012 at 9:45 p.m.

Sebastopol became the first city in Sonoma County and one of few in the nation to pass an ordinance that makes it easier for bicyclists and pedestrians to sue drivers who threaten or harass them.

“It's a way to send a message that people who are not in cars have rights too,” said Councilman Patrick Slayter. “Just because you are driving a 5,000-pound weapon doesn't mean might makes right.”

The “vulnerable road users” ordinance was passed on a unanimous vote, paving the way for it to become law when it comes back for a second reading at a future meeting.

“Hate is hate, it doesn't matter what it's for, anything we can do to stop bullying,” said Vice Mayor Robert Jacob.

The ordinance is being promoted countywide by the Sonoma County Bicycle Coalition, which it believes will stem the number of incidents just by being on the books.

“The best laws we have are the ones that act as deterrents,” said Gary Helfrich, executive director of the bike coalition. “That has been the experience in Los Angeles. There have not been any suits filed and there has been a decline in reported incidents.”

The Sebastopol proposal is meant to provide a legal recourse by giving the ability to file a civil suit to pedestrians, cyclists, roller skaters, skateboarders and the impaired.

It is patterned after similar ordinances that have been adopted in Los Angeles, Berkeley, Sunnyvale and Washington, D.C.

The coalition and other local bicycle advocates began promoting the ordinance this summer after a series of fatal and serious car crashes in the county involving cyclists and pedestrians.

There are frequent reports that cyclists have been yelled at, slapped, had things thrown at them or dumped on them and been shot at, said Sandra Lupien, coalition director of outreach.

Bill Oetinger of Sebastopol, ride director for the Santa Rosa Cycling Club, called the harassment of cyclists “hate crimes” that leave the victim shaken and sometimes hurt.

“No one should have to put up with it,” Oetinger said. “I don't think the non-cycling public is aware how much of it goes on.”

Jerry Meshulam of Sebastopol said that he has had people in pickups dump cups of soda on his head and throw cups at him.

“Is this ordinance going to stop that? Maybe not. The point is it gets the word out,” Meshulam said.

Linda Berg of Sebastopol, however, said she knows of cases where someone in a stopped car was run into by a skateboard rider and by a cyclist, neither of who stopped.

“Some of the bicyclists and pedestrians are guilty of not using good sense,” Berg said. “I'm not sure putting the burden on the motorist is a good idea.”

Supporters say the proposed ordinance is intended to fill perceived gaps in criminal prosecution, which has a higher standard of proof and requires such things as positive identification of the driver.

The proposed ordinance defines what harassment is and sets up a procedure for the injured party, whether it is a cyclist, pedestrian, jogger or skateboard rider, to bring a lawsuit against the aggressor, which could be a motorist or even a cyclist.

Harassment is defined as attempted physical assault and physical assault; verbal threats of assault; intentional injury or attempts to injure; distracting or attempting to distract a bicyclist, pedestrian or others; forcing someone off the street; passing at an unsafe distance of less than 3 feet; and failing to yield to a pedestrian walking or running along a road, crossing the road or crossing a public sidewalk or pathway.

You can reach Staff Writer Bob Norberg at 521-5206 or [email protected].

[Hotspring 44]

there IS something cyclists can do as well to promote good relations!!

STOP Violating traffic laws!! It makes us look stupid and self absorbed SO WHAT you lose some momentum stopping at a stop sign...(You get more exercise that way!) (repeats) ..

RED LIGHT! you can "roll stop"(even cops do it) then turn right ,ascertain it is safe,do a quick u turn and turn right and proceed . Just don't run right through...

Also when on hwy 1 (or whatever hwy# or narrow road), consider that some motor vehicles don't have the same width, length, or acceleration parameters as others, nor do they see the same view ahead as you on your bicycle; so when you "wave" or otherwise signal someone in a motor vehicle around where they have to cross over a double yellow which may also be a blind spot in the viewpoint of (me) the driver.

I hope that when I choose not to pass a bicyclist into a blind (for me) spot and/or unsafely (as I see it) over a double yellow, that the bicyclist doesn't feel that I am harassing because I won't pass when they (try to) "wave" me around; when I feel it would be unsafe, I simply will not pass until I feel it is safe and (also) I am not into getting a moving violation on my driving record. Getting cited for passing over a double yellow is a high dollar fine too.

Please (everyone, drivers and bicyclists) note that in the wording of the new (California) law, (in it) it states that a driver may only pass a bicyclist when the bicyclist is unlawfully using the lane; for example: not going into a wide shoulder or pull-out when available to allow SAFE passing. Unfortunately that is so arbitrary in practice because if, for example I pass a bicyclist over a double yellow and the CHP observes it I am not sure that I wold be able to prove the bicyclist was violating the (new) law because as it is written, it is rather vague (for the most part, nonspecific) regarding the ability to legally and safely pass the bicyclist over a double yellow (most of Hwy 1 in Sonoma County is blind turns and double yellow marked), but it (the motor vehicle code) is rather firm, specific, and precedent regarding passing and going over a double yellow to do so.