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ORDINANCE NO. 567 N. S.
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
AMENDING MUNICIPAL CODE TITLE VI, CHAPTER 23 (REGULATION OF
MOTOR VEHICLES AND TRAFFIC)TO AUTHORIZE THE USE OF CERTAIN
CLASSES OF ELECTRIC BICYCLES ON BICYCLE AND PEDESTRIAN PATHS
OWNED BY THE TOWN OF TIBURON,INCLUDING OLD RAIL TRAIL,AND TO
ESTABLISH A MAXIMUM SPEED LIMIT ON OLD RAIL TRAIL
The Town Council of the Town of Tiburon does ordain as follows:
SECTION 1. ADOPTION OF AMENDMENTS TO MUNICIPAL CODE
A. Title VI, Chapter 23, Section 23-24 is amended to read as follows:
23-24 Vehicles and horses prohibited on bicycle/pedestrian paths.
(a)No person shall operate or drive any motorized vehicle upon any portion of any
�. bicycle or pedestrian paths owned by the Town of Tiburon. This prohibition shall not
apply to:
(1) The Town of Tiburon's official vehicles, or to emergency vehicles, operated by
public employees;
(2) Vehicles operated by any public utility company engaged in emergency repairs, or any
vehicle operated under the terms of a valid encroachment permit issued by the Town
of Tiburon;
(3) Any"class 1 electric bicycle" or"low-speed pedal-assisted electric bicycle," as
defined in California Vehicle Code section 312.5;
(4) Any "class 2 electric bicycle" or"low-speed throttle-assisted electric bicycle,"as
defined in California Vehicle Code section 312.5.
(b)No person shall permit or allow any horse to enter any paved portion, exclusive of
identified crossing points, of any bicycle or pedestrian path owned by the Town of
Tiburon.
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Tiburon Town Council Ordinance No. 567N. S Effective 12/1612016 Page I 1
B. Title VI, Chapter 23, Section 23-25 is amended to read as follows:
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23-25 Use of vehicles on Old Rail Trail.
(a) Permitted vehicles and devices. The following uses shall be permitted only on the
asphalt concrete portion of that certain multi-use path owned by the Town of Tiburon,
commonly known as Old Rail Trail, and formerly the Northwestern Pacific Railroad
Company right-of-way, more particularly described in those certain deeds conveying
the property to the Town of Tiburon,recorded in Book 2426, Page 99, and Book 2429,
Page 428, of the Official Records of Marin County:
(1) Roller skates or roller blades;
(2) Skateboards;
(3) Pedal-powered, non-motorized bicycles or tricycles that do not exceed
thirty-six inches in width and are not used for commercial purposes;
(4) "Class 1 electric bicycles" or"low-speed pedal-assisted electric bicycles"
and "class 2 electric bicycles" or"low-speed throttle-assisted electric
bicycles," as defined in California Vehicle Code section 312.5; provided that
such bicycles do not exceed thirty-six inches in width and are not used for
commercial purposes.
(5) Baby carriages and strollers;
(6) Conveyances for disabled persons;
(7) Emergency vehicles;
(8) Department of public works vehicles.
(9) Vehicles operated by any public utility company engaged in emergency
repairs, or any vehicle operated under the terms of an encroachment permit
issued by the Town of Tiburon.
(b) Vehicles required to yield the right-of-way to pedestrians. Under all circumstances
the rider or operator of wheeled vehicles or devices which are permitted uses on Old
Rail Trail under subsection (a) of this section, shall yield the right-of-way to
pedestrians; due and proper care for the health and safety of pedestrians shall at all
times be exercised by the rider or operator of such vehicles or devices.
(c) Group riding. No more than two persons shall ride or operate wheeled vehicles or
devices side-by-side on Old Rail Trail.
(d) Racing—Unsafe riding. It is unlawful for any person riding or operating any
wheeled vehicle or device to race any other such vehicle or device or person upon Old
Rail Trail.. It is also unlawful for any person riding or operating any wheeled vehicle or
device to engage in any unsafe riding or operating which endangers the health or safety
of any person, including the operator or such vehicle.
(e) Dangerous speed. It is unlawful for any person to ride or operate any wheeled
vehicle or device on Old Rail Trail at a speed greater than fifteen(15) miles per hour,
i` or if pedestrians are present no greater than eight (8)miles per hour, or to endanger the
health, safety or property of any other person while riding or operating any wheeled
Tiburon Town Council Ordinance No. 567 N. S. Effective 12116/2016
Page 2
vehicle or device on Old Rail Trail, or to ride or operate such vehicle or device on Old
Rail Trail in a reckless, wanton or careless manner so as to endanger the health or
safety of any person, including such rider or operator.
(f) Applicability of traffic regulations. Every person who rides or operates any wheeled
vehicle or device permitted on Old Rail Trail shall have all the rights and shall be
subject to all of the duties applicable to the driver of a vehicle under this chapter except
those provisions which by their very nature can have no application to such persons.
SECTION 2. SEVERABILITY.
If any section, subsection, clause, sentence, or phrase of this Ordinance is for any reason held to
be invalid or unconstitutional by a decision of a Court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions of the Ordinance. The Town Council of the
Town of Tiburon hereby declares that it would have passed this Ordinance, any section,
subsection, sentence, clause or phrase thereof,irrespective of the fact that anyone or more
sections, subsections, sentences, clauses, or phrases may be declared invalid or unconstitutional.
SECTION 3. PUBLICATION AND EFFECTIVE DATE.
This Ordinance shall take effect and be in force thirty(30) days after the date of passage, and
before the expiration of fifteen(15) days after passage by the Town Council, a copy of the
ordinance shall be published with the names of the members voting for and against it at least
once in a newspaper of general circulation published in the Town of Tiburon.
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This ordinance was introduced at a regular meeting of the Town Council of the Town of Tiburon
on November 2, 2016, and was adopted at a regular meeting of the Town Council of the Town of
Tiburon on November 16,2016,by the following vote:
AYES: COUNCILMEMBERS: Doyle, Fraser, Fredericks, O'Donnell, Tollini
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NAYS: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ERIN TOLLINI, MAYOR
TOWN OF TIBURON
ATTEST:
DIANE CRANE I OPI,T WN CLERK
Tiburon Town Council Ordinance No. 567 N. S. Effective 1211612016 Page 3