Torrance Municipal Code and CVC 21

[Bill Davidson]

The City of Torrance seems to think CVC 21 doesn't apply to them. I
had occasion to browse their municipal code and there are some
dooseys. They seem to think that they can make up their own rules of
the road.

Two abreast law:

62.1.3 RIDING IN A GROUP.
Persons operating bicycles upon a roadway shall not ride more than two
(2) abreast except on paths or parts of roadways set aside for the
exclusive use of bicycles.

Mandatory side path law:

62.1.5 BICYCLE PATHS.
Whenever a usable path for bicycles has been provided adjacent to a
roadway, bicycle riders shall use such path and shall not use the
roadway.

Dismount in a crosswalk:

62.1.7 DISMOUNT IN CROSSWALK.
Every bicycle operator using a crosswalk to cross an intersection
shall dismount to cross.

No parking bikes on the street (rare that a cyclist would want to but
sometimes there are bike racks on the street in some places--maybe not
in Torrance):

62.1.8 PARKING.
a) No person shall park a bicycle upon a public street or roadway.
b) It is permissible to park upon a sidewalk in a rack to support
the bicycle or against a building or upon a sidewalk in such a manner
as to afford the least obstruction to pedestrian traffic.

Anyone know how to address this?

[John Forester]

The Torrance code regarding bicycling is typically erroneous. The only
part of cycling that cities are allowed to control is bicycle parking.
Therefore, all the other items shown are not valid law. If you want to
correct this, then write a letter to the city council saying so, quoting
the CVC as appropriate. They may do something of a corrective nature.
They may not bother. But if they try to enforce any of the prohibited
items, the quick answer in court is that CVC 21 prohibits such attempts
at regulation.

--
John Forester, MS, PE
Bicycle Transportation Engineer
7585 Church St, Lemon Grove, CA 91945
619-644-5481, fore...@johnforester.com

[Richard Masoner]

On Thu, Jan 28, 2016 at 11:49 AM, Bill Davidson <bill.d...@gmail.com> wrote:

62.1.7 DISMOUNT IN CROSSWALK.
Every bicycle operator using a crosswalk to cross an intersection
shall dismount to cross.

I wonder if this dismount-in-crosswalk ordinance could fall under the city's authority to regulate bicycle operation on sidewalks. Does anyone know?

Regarding street parking, people with large cargo bikes sometimes use street parking spaces. Temporary bike corrals are often set up in street parking for special events, too.

Richard 

[Jim Baross]

Cities may also address sidewalk cycling and registration as I recall. 

Perhaps get on record that they have been notified, copy to police chief. 

I expect that there are other laws out there that are out of date, improper, etc. 

Has anyone been improperly cited?

Jim Baross

CABO President

Bicycling Instructor/Advocate

On Thu, Jan 28, 2016 at 2:38 PM, John Forester <fore...@johnforester.com> wrote:

The Torrance code regarding bicycling is typically erroneous. The only part of cycling that cities are allowed to control is bicycle parking. Therefore, all the other items shown are not valid law. If you want to correct this, then write a letter to the city council saying so, quoting the CVC as appropriate. They may do something of a corrective nature. They may not bother. But if they try to enforce any of the prohibited items, the quick answer in court is that CVC 21 prohibits such attempts at regulation.

--
John Forester, MS, PE
Bicycle Transportation Engineer
7585 Church St, Lemon Grove, CA 91945
619-644-5481, fore...@johnforester.com

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[Jim Baross]

I don't have the CVC reference at hand, but we somewhat clarified the bicycling in a crosswalk issue as pushed by the City of LA. As I recall, bicycling in a crosswalk is not an unlawful act if done - with due regard for pedestrians - when the crosswalk connects bike paths or sidewalks on which bicycling is not prohibited.

Jim Baross

CABO President

Bicycling Instructor/Advocate

On Thu, Jan 28, 2016 at 3:44 PM, Richard Masoner <rmas...@gmail.com> wrote:

On Thu, Jan 28, 2016 at 11:49 AM, Bill Davidson <bill.d...@gmail.com> wrote:

62.1.7 DISMOUNT IN CROSSWALK.
Every bicycle operator using a crosswalk to cross an intersection
shall dismount to cross.

I wonder if this dismount-in-crosswalk ordinance could fall under the city's authority to regulate bicycle operation on sidewalks. Does anyone know?

Regarding street parking, people with large cargo bikes sometimes use street parking spaces. Temporary bike corrals are often set up in street parking for special events, too.

Richard 

[Pete Penseyres]

When we read 5 years of crash reports in Oceanside, we found that any crashes that occurred with the cyclist riding in a crosswalk were found to be the cyclists fault.  Any crash that occurred with the cyclist walking with their bike were found to be the motorists fault.  That doesn't answer your legal question, but that is what happens here, every time as I recall. Most cyclists ride in a croosWALK so that is what we emphasize in our Smart Cycling classes.

Pete

[Bill Davidson]

Found to be at fault by you, or by police?

[David Whiteman]

With regards to 62.1.3:

 

>Two abreast law:

>62.1.3 RIDING IN A GROUP.
>Persons operating bicycles upon a roadway shall not ride more than two
>(2) abreast except on paths or parts of roadways set aside for the
>exclusive use of bicycles.

 

If not more than two (2) abreast is prohibited -- does this not imply that two abreast is not prohibited?  Or to remove the double negative, riding two abreast is permitted? 

On Thu, Jan 28, 2016 at 11:49 AM, Bill Davidson <bill.d...@gmail.com> wrote:

[Bill Davidson]

We're not limited to 2 abreast though. If any exception in 21202
applies then we can ride 3-4 wide or even more if we fit in the lane.

Torrance is saying no. CVC 21 says that they aren't allowed to change
any rule of the road that the CVC does not explicitly allow them to
change and it doesn't say anything about allowing them to change this
one.