Marin Community College District Policy No. 6850 Business and Fiscal Affairs BP 6850 BICYCLES, SKATEBOARDS, ROLLER SKATES, ROLLER BLADES, SCOOTERS AND OTHER SIMILAR DEVICES ON CAMPUS References: Vehicle Code Sections 4000.1 and 21113(f) From current College of Marin Policy 8.0010 titled Bicycles, Skateboards, Roller Skates, Roller Blades, Scooters and Other Similar Devices on Campus California Vehicle Code section 21113(f) authorizes this Board to regulate The Board of Trustees delegates to the Superintendent/President the authority to regulate the use of bicycles, skateboards, roller skates, roller blades, scooters and other similar devices on District property. The use of bicycles, skateboards, roller skates, roller blades, scooters and other similar devices on campus District property is a cause of concern in that unsupervised use presents an unwarranted risk of harm not only to those who use bicycles, skateboards, roller skates, but also to other people who may be present while such use takes place. The operation of bicycles, skateboards, roller skates, roller blades, scooters and other similar devices on any property maintained or controlled by this District are restricted as follows: (a) (b) (c) (d) (e) (f) Bicycles, skateboards, roller skates, roller blades, scooters and other similar devices may be used on pedestrian pathways, roadways, and in parking lots only for the purpose of transportation. Bicycles, skateboards, roller skates, roller blades, scooters and other similar devices shall not be used for trick riding or recreational performance. Bicycles, skateboards, roller skates, roller blades, scooters and other similar devices shall not be operated in a reckless manner. For the purpose of this section, reckless shall mean operation of a bicycle, skateboards, roller skates, roller blades, scooters and other similar device in willful or wanton disregard for the safety of persons or property and specifically includes, but is not limited to, the following specific conduct: (1) Operation at a speed greater than reasonable or prudent; having due regard for weather, visibility, pedestrian and vehicular traffic and the condition of the vehicle. (2) Operation in such a manner as to result in a collision or accident involving any vehicle, property or pedestrian. (3) Operation in such a manner as to result in loss of control of the vehicle. (4) Operation in such a manner as to endanger life, limb or property of any person. (5) Operation in such a manner as to cause damage to facilities controlled by this District. Bicycles, skateboards, roller skates, roller blades, scooters and other similar devices shall not be ridden on any stairs, plantar boxes, benches, handrails, walls, building ramps, breezeways, roofs, inside any building, or unauthorized unpaved areas controlled by this District. Any person riding a bicycle, skateboard, roller skates, roller blades, scooters and other similar devices shall yield the right of way and not interfere with pedestrian traffic. The Chief of Police is directed to post appropriate signs advising all persons that the use of bicycles, skateboards, roller skates, roller blades, scooters and other similar devices are restricted. Such signs shall cite California Vehicle Code section 21113(f) and 4000.1 Violations of this resolution shall be punishable by a $25.00 fine as authorized by section 4000.1 of the California Vehicle Code. Date Adopted: (Replaces current College of Marin Policy 8.0010) NOTE: The wording in regular text is from current College of Marin Policy 8.0010 titled Bicycles, Skateboards, Roller Skates, Roller Blades, Scooters and Other Similar Devices on Campus adopted on 12/12/00. The language struck through is recommended for deletion. The language in underlined italics reflects recommended revisions from the District Police Department. The Task Force reviewed this policy on December 10, 2008 and recommends it go forward. Legal Citation for BP 6850 CALIFORNIA CODES VEHICLE CODE SECTION 4000.1 4000.1. (a) Except as otherwise provided in subdivision (b), (c), or (d) of this section, or subdivision (b) of Section 43654 of the Health and Safety Code, the department shall require upon initial registration, and upon transfer of ownership and registration, of any motor vehicle subject to Part 5 (commencing with Section 43000) of Division 26 of the Health and Safety Code, a valid certificate of compliance or a certificate of noncompliance, as appropriate, issued in accordance with Section 44015 of the Health and Safety Code. (b) With respect to new motor vehicles certified pursuant to Chapter 2 (commencing with Section 43100) of Part 5 of Division 26 of the Health and Safety Code, the department shall accept a statement completed pursuant to subdivision (b) of Section 24007 in lieu of the certificate of compliance. (c) For purposes of determining the validity of a certificate of compliance or noncompliance submitted in compliance with the requirements of this section, the definitions of new and used motor vehicle contained in Chapter 2 (commencing with Section 39010) of Part 1 of Division 26 of the Health and Safety Code shall control. (d) Subdivision (a) does not apply to a transfer of ownership and registration under any of the following circumstances: (1) The initial application for transfer is submitted within the 90-day validity period of a smog certificate as specified in Section 44015 of the Health and Safety Code. (2) The transferor is the parent, grandparent, sibling, child, grandchild, or spouse of the transferee. (3) A motor vehicle registered to a sole proprietorship is transferred to the proprietor as owner. (4) The transfer is between companies the principal business of which is leasing motor vehicles, if there is no change in the lessee or operator of the motor vehicle or between the lessor and the person who has been, for at least one year, the lessee's operator of the motor vehicle. (5) The transfer is between the lessor and lessee of the motor vehicle, if there is no change in the lessee or operator of the motor vehicle. (6) The motor vehicle was manufactured prior to the 1976 model-year. (7) Beginning January 1, 2005, the transfer is for a motor vehicle that is four or less model-years old. The department shall impose a fee of eight dollars ($8) on the transferee of a motor vehicle that is four or less model-years old. Revenues generated from the imposition of that fee shall be deposited into the Vehicle Inspection and Repair Fund. (e) The State Air Resources Board, under Part 5 (commencing with Section 43000) of Division 26 of the Health and Safety Code, may exempt designated classifications of motor vehicles from subdivision (a) as it deems necessary, and shall notify the department of that action. (f) Subdivision (a) does not apply to a motor vehicle when an additional individual is added as a registered owner of the motor vehicle. (g) For purposes of subdivision (a), any collector motor vehicle, as defined in Section 259, is exempt from those portions of the test required by subdivision (f) of Section 44012 of the Health and Safety Code, if the collector motor vehicle meets all of the following criteria: (1) Submission of proof that the motor vehicle is insured as a collector motor vehicle, as shall be required by regulation of the bureau. (2) The motor vehicle is at least 35 model-years old. (3) The motor vehicle complies with the exhaust emissions standards for that motor vehicle's class and model year as prescribed by the department, and the motor vehicle passes a functional inspection of the fuel cap and a visual inspection for liquid fuel leaks. 21113. (a) No person shall drive any vehicle or animal, nor shall any person stop, park, or leave standing any vehicle or animal, whether attended or unattended, upon the driveways, paths, parking facilities, or the grounds of any public school, state university, state college, unit of the state park system, county park, municipal airport, rapid transit district, transit development board, transit district, joint powers agency operating or managing a commuter rail system, or any property under the direct control of the legislative body of a municipality, or any state, county, or hospital district institution or building, or any educational institution exempted, in whole or in part, from taxation, or any harbor improvement district or harbor district formed pursuant to Part 2 (commencing with Section 5800) or Part 3 (commencing with Section 6000) of Division 8 of the Harbors and Navigation Code, a district organized pursuant to Part 3 (commencing with Section 27000) of Division 16 of the Streets and Highways Code, or state grounds served by the Department of the California Highway Patrol, or any property under the possession or control of a housing authority formed pursuant to Article 2 (commencing with Section 34240) of Part 2 of Division 24 of the Health and Safety Code, except with the permission of, and upon and subject to any condition or regulation which may be imposed by the legislative body of the municipality, or the governing board or officer of the public school, state university, state college, county park, municipal airport, rapid transit district, transit development board, transit district, joint powers agency operating or managing a commuter rail system, or state, county, or hospital district institution or building, or educational institution, or harbor district, or a district organized pursuant to Part 3 (commencing with Section 27000) of Division 16 of the Streets and Highways Code, or housing authority, or the Director of Parks and Recreation regarding units of the state park system or the state agency with jurisdiction over the grounds served by the Department of the California Highway Patrol. (b) Every governing board, legislative body, or officer shall erect or place appropriate signs giving notice of any special conditions or regulations that are imposed under this section and every board, legislative body, or officer shall also prepare and keep available at the principal administrative office of the board, legislative body, or officer, for examination by all interested persons, a written statement of all those special conditions and regulations adopted under this section. (c) When any governing board, legislative body, or officer permits public traffic upon the driveways, paths, parking facilities, or grounds under their control then, except for those conditions imposed or regulations enacted by the governing board, legislative body, or officer applicable to the traffic, all the provisions of this code relating to traffic upon the highways shall be applicable to the traffic upon the driveways, paths, parking facilities, or grounds. (d) With respect to the permitted use of vehicles or animals on property under the direct control of the legislative body of a municipality, no change in the use of vehicles or animals on the property, which had been permitted on January 1, 1976, shall be effective unless and until the legislative body, at a meeting open to the general public, determines that the use of vehicles or animals on the property should be prohibited or regulated. (e) A transit development board may adopt ordinances, rules, or regulations to restrict, or specify the conditions for, the use of bicycles, motorized bicycles, skateboards, and roller skates on property under the control of, or any portion of property used by, the board. (f) A public agency, including, but not limited to, the Regents of the University of California and the Trustees of the California State University, may adopt rules or regulations to restrict, or specify the conditions for, the use of bicycles, motorized bicycles, skateboards, and roller skates on public property under the jurisdiction of that agency. (g) "Housing authority," for the purposes of this section, means a housing authority located within a county with a population of over six million people, and any other housing authority that complies with the requirements of this section.