HomeMy WebLinkAboutAgenda Report - January 4, 1995 (45)of CITY OF LODI COUNCIL COMMUNICATION
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AGENDA TITLE: Ordinance Amending Section 10.40.020 of the Lodi Municipal
Code Relating to Bicycle Riding Rules
MEETING DATE: January 4, 1995
SUBMITTED BY: City Attorney
RECOM RNDED ACTION: Council consideration and possible introduction of
Ordinance 1604 (Exhibit A) amending Lodi Municipal
Code Section 10.40.020 relating to Bicycle Riding
Rules.
BACKGROUND INFORMATION: At the request of Capt. Jerry Adams of the Lodi Police
Department (Exhibit B), the City Attorney's office
has prepared the attached revision to Section
10.40.020 of the Lodi Municipal Code.
The present code section prohibits the operation of bicycles on the sidewalk of
a business district. I am sure the Council is aware that police officers have
been patrolling the downtown business district on bicycles. This revision will
simply allow the Police Department to operate bicycles on the sidewalk in
downtown and other business districts as may be necessary.
FUNDING: Not applicable.
Respectfully submitted,
ohn uebberke
Deputy City.Attorney
for Bob McNatt
City Attorney
BM:pn
Attachments
CCDM-162/TXTA.07A
APPROVED: i��
THOMAS A. PETERSON recycled paper
City Manager .4
CC -1
ORDINANCfi N0--1604
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODI
AMENDING LODI MUNICIPAL CODE SECTION 10.40.020
RELATING TO BICYCLE RIDING RULES
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LODI AS FOLLOWS:
SECTION 1. Lodi Municipal Code Section 10.40.020 - Bicycle Riding
Rules - is hereby amended to include Section "D" as follows:
D. Paragraphs A and C of this section shall not apply to
police personnel acting within the course and scope of
their employment.
SECTION 2. All ordinances and parts of ordinances in conflict herewith
are repealed insofar as such conflict may exist.
SECTION 3. This ordinance shall be published one time in the "Lodi
News Sentinel", a daily newspaper of general circulation printed and
published in the City of Lodi and shall be in force and take effect
thirty days from and after its passage and approval.
Approved this day of
Attest:
JENNIFER M. PERRIN
City Clerk
STEPHEN J. HAM
Mayor
-1-
State of California
County of San Joaquin, as.
I, Jennifer M. Perrin, City Clerk of the City of Lodi, do hereby
certify that Ordinance No. 1604 was introduced at a regular meeting of
the City Council of the City of Lodi held January 4, 1994 and was
thereafter passed, adopted and ordered to print at a regular meeting of
said Council held , 1994 by the following vote:
Ayes:
Council
Members -
Noes:
Council
Members -
Absent:
Council
Members -
Abstain:
Council
Members -
I further certify that Ordinance No. 1604 was approved and signed by
the Mayor on the date of its passage and the same has been published
pursuant to law.
Approved as to Form
BOBBY W. MCNATT
City Attorney
ORD1604/TXTA.01V
-2-
JENNIFER M. PERRIN
City Clerk
L O D I P O L I C E D E P A R T M E N T UCHMIT B
M e m o r a n d u m
To: Captain Jerry Adams
From: David J. Main
Police Lieutenant
Date: November 13, 1994
NOV 14 1994
City Atturnev's Office
Subject: BIKE PATROL
Since the bicycle patrol has become a full time assignment, the two
officers assigned to the bikes have encountered some criticism from
several citizens when they ride on the sidewalk. Riding on the
sidewalk is a necessary part of their job, in order to see into
businesses, etc.
I was under the impression that the vehicle code exempts police
officers on bikes, specifically. I was mistaken, as I find no
exemption. Both officers informed me that many cities who have a
full time bike patrol, write in an exemption into their city
ordinance which deals with bikes.
Upon examination' of our local ordinance, 10.42.020, it states
clearly that bikes are not to be ridden on sidewalks in a business
district. It appears to be in the best interest of the city, to
amend the city ordinance, including the bike patrol in the normal
course of their duties as peace officers to be exempt from this
regulation. From a liability Stand point, this amendment might
prove beneficial as well. Currently if someone is injured, a person
may make the case that the officers were in violation of the law.
This exemption may help protect the city of Lodi. While the vehicle
code does make exemptions for emergency vehicles, responding to
emergencies, there is no section I am aware of that allows the bikes
to ride on the sidewalk.
I recommend this be forwarded to the city attorney's office and
conn$' eration be given to amending the city ordinance.
David J. Main
Lieutenant
CC: Chief of Police