The SVBC has been active for several years regarding the discussion of the proposed Santa Clara County Special Events Ordinance.
As we approach the date in which the modified Special Events Ordinance will be presented to the Santa Clara County of Supervisors, potentially August 10, we would like to remind everyone about the importance of developing and presenting an ordinance that provides reasonable solutions to residents of affected areas and cyclists. The previous draft ordinance was sent back to County staff for clarification and to ensure that the ordinance was as clear and concise as possible, without having to violate the rights granted to bicyclists under the California Vehicle Code. An important issue that needed to be addressed was clearly identifying what would be classified as a “special event,” therefore requiring a permit or advance notification to authorities.
SVBC members and staff have been working with VTA’s Bicycle and Pedestrian Advisory Committee (BPAC) and with residents from San Antonio Valley to ensure that the County brings forward an ordinance that satisfies and respects the rights of residents and bicyclists alike. Please read the VTA BPAC’s position on the Special Events Ordinance and the proposed changes they have presented to County staff (Special Events Ordinance.June 13.2010 PBG-1.pdf, 280 KB). There is also a write-up of the meeting that took place between San Antonio Valley residents and several members of the bicycling community on July 8.
We feel that unless bicycling events involve road closures, processions or assemblies, the bicycles are just part of normal traffic. Events in which bicycles obey the CVC, that obey the usual and customary rules of the road, and that do not require special traffic controls, etc. are simply part of normal traffic. This traffic is similar to traffic that would be generated by a sporting event at any local stadium, a sale at a shopping center, or even a large private wedding or event.
Events such as these should not require special permits, although we can understand the value of informing law enforcement, and transportation officials in advance of such events.
If you'd like to take action on this, please send a letter to your Supervisor or join us at the August 10th meeting (agenda TBD).
SVBC's position before the previous board of supervisors' meeting:
The Silicon Valley Bicycle Coalition asks the Board of Supervisors to reject the Special Events Ordinance for County Roads as it currently stands, and to send it back to staff with the request it be simplified, clarified, and made consistent with the California Vehicle code. In particular, the ordinance should include a definition of what constitutes a "Special Event."
We appreciate the efforts of County staff to work with the County Bicycle and Pedestrian Advisory Committee and other members of the bicycling community. We have spent many hours together working on this ordinance, and it is greatly improved from the original. Nevertheless, the current draft ordinance remains poorly worded, confusing, and overreaching. In regard to bicycling, the County has no legal authority, and no legitimate interest, in imposing conditions on bicycle traffic on County roads.
The California Vehicle Code (CVC) allows local government very limited authority to regulate traffic on the road. In particular, the CVC allows local authorities to regulate "processions or assemblages" on the highways, but very few bicycling events constitute a procession or assemblage. Unless a bicycling event constitutes a procession or assemblage, or requires a road closure, local authorities have no legal authority to require a permit, or otherwise regulate such traffic. Such events must be exempt from any permitting or notification requirement by the County. In the past, organizers of such events have voluntarily notified the County of these events in advance, and, to our knowledge, these events have taken place without incident, and without requiring additional County services for years, and in many cases, decades.
The County has failed to articulate the kinds of events it needs to regulate and can lawfully regulate (other than the Tour of California, which is not in dispute). The current draft ordinance is clearly motivated by a desire to appease the residents in the San Antonio Valley, yet County staff has given equivocal and inconsistent responses to whether events such as the Mount Hamilton Challenge and the Devil Mountain Double would be subject to regulation. (For the record, these two events have bicycle riders passing through the San Antonio Valley in small groups over the course of several hours; riders conform to the CVC, and in no way constitute a "procession or assemblage.") Any attempt of the County to regulate those or similar rides is prohibited by the CVC. It cannot be emphasized forcefully enough that such attempts would potentially expose the County to substantial liability.
Therefore, it is essential that any ordinance explicitly exclude bicycling events whose participants are expected to obey the California Vehicle Code from the definition of special event. It is not enough to exempt those events (or those under a certain size) from the permit requirement; if they can be considered special events under the ordinance, the door is still open to later regulation. The County does not have the authority to require permits, or even notification, for such events, and any attempts to regulate them are likely to impair, not enhance, communication with the clubs and other organizations that put them on-exactly the opposite of the County's stated intent."