[GPSCC-chat] [Fwd: Re: [SJBP BIRDs] Stop the Ban on Santa ClaraCounty Cycling Events!]

Mon Jun 21 22:37:32 PDT 2010

The time slot we're talking about is the 10AM one. There is a .pdf
of the ordinance on the agenda there, which Toby read and analyzed
below. I read it to, and I came to about the same conclusion, except
that I'm more worried about the "requiring insurance" part than he
seems to be.

Toby Vanderbeek wrote:
> SJBP,
>
> I was going to chime in with the same comment that this Ordinance is
> from the County and only pertains to County Roads, Expressways, etc.
> andall roads in unincorporated areas of SCC. "County Road" is
> different than "road in the county". It does affect the SJBP if we
> ride on any of these Roads. I'm not sure of the implications of merely
> crossing County Roads while we stay on city roads. I'm not an attorney
> nor do I have any legal authority but I have read many of these types
> of documents and have experience interpreting them. I've read all of
> the available documents twice that pertain to this issue and would
> like to point out a few things. Because of the size of the group, we
> would fall into the "Major Special Event" category [Section B3-146
> (h)(3) "Any event on a road involving more than 500 people"] so we can
> ignore the other categories and their implications. My biggest
> concerns with this category is that notification must be made to the
> County no less than 60 days before the event [Section B3-149 (b)] and
> that the permit can be denied for almost any reason. And that any fees
> are "actual cost" which could be huge. (the other categories have fees
> of $98 and $200). And my final concern is that insurance would be
> required [Section B3-155 (a)] which is in itself prohibitive for a
> group like ours. I'll send an email to the County Supervisors asking
> them to reconsider this Ordinance and urge other SJBP members to email
> if they can't make it to the meeting.
>
> It appears by the wordings in several locations that the Board is
> ready to accept this Ordinance; it's up to us to stop it or at least
> ask that they take a look at it from another point of view.
>
> Regards,
>
> Toby

In other words, they are insisting that anything that doesn't give them
60 day notice, fill out a permit request and pay large sums of money
isn't allowed to use the roads. Bike Party is 100% volunteer, so that
kind of organization just isn't part of the mix at this point in time.

Tian

spencerg wrote:
> Hi, Tian: 
> 
> 
>       Could you please clarify the issue? 
> 
> 
>       On the sccgov.org web link you provided below, I see mention of
> bicycle parking and safety improvements plus "Construction of Bicycle
> Detection Loops on Lawrence Expressway". 
> 
> 
>       Where is there information about restricting peaceful assembly and
> use of public roads by bicyclists? 
> 
> 
>       Spencer
> 
> 
> On 6/21/2010 12:57 AM, Tian Harter wrote:
>> Looks like the County Government might try regulating bike party.
>>
>> I'm going to the meeting on Tuesday. Anyone else interested?
>>
>> -------- Original Message --------
>> Subject: 	Re: [SJBP BIRDs] Stop the Ban on Santa Clara County Cycling
>> Events!
>> Date: 	Sat, 19 Jun 2010 21:24:42 -0700
>> From: 	
>> To: 	birds at lists.sjbikeparty.org
>>
>>
>>
>>
>> I'm pretty sure I can attend. Anyone else?
>>
>>
>>
>> -- Sent from my Palm Pixi
>>
>> ------------------------------------------------------------------------
>> On Jun 19, 2010 6:07 PM, Amber <amber at sjbikeparty.org> wrote:
>>
>> //
>> Hi All,
>>
>> This was on SVBC facebook page, I believe it is worthy of spreading.
>>
>> ~~~~~~~~~~~~~~~~~
>>
>> 	
>> Tuesday, June 22, 2010
>> Time: 	
>> 10:00am - 12:30pm
>> Location: 	
>> San Clara County Board of Supervisors Chambers,
>> Street: 	
>> 70 West Hedding St.,
>> City/Town: 	
>> San Jose, CA
>> 	
>> View Map
>> <http://maps.google.com/maps?f=q&hl=en&q=70+West+Hedding+St.%2C+%2C+San+Jose%2C+CA>
>>
>>
>>       Description
>>
>> The proposed County of Santa Clara Special Event Ordinance threatens
>> cycling events! Join us at the Santa Clara County Board of Supervisors
>> meeting next Tuesday, June 22, to voice your concerns. The item is on
>> the agenda for 10 am, and is located in the BOARD OF SUPERVISORS'
>> CHAMBERS, 70 West Hedding Street, San Jose. Consider reading the agenda
>> and proposed ordinance (scroll down to agenda item #5). If you are not
>> able to join us in person, please email or call your Supervisor (click
>> here for contact info).
>>
>> SVBC has been active in discussions with the County of Santa Clara
>> regarding this issue for several years, and our position is as follows:
>>
>> "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.
>>
>> http://www.sccgov.org/portal/site/scc/boardagenda?contentId=f972f424b4349210VgnVCM10000048dc4a92____&agendaType=BOS+Agenda
>> <http://www.sccgov.org/portal/site/scc/boardagenda?contentId=f972f424b4349210VgnVCM10000048dc4a92____&agendaType=BOS+Agenda>
>>
>> http://www.facebook.com/event.php?eid=137425936271903
>>
>>
>>   
>>
>>
>> _______________________________________________
>> sosfbay-discuss mailing list
>> sosfbay-discuss at cagreens.org
>> http://lists.cagreens.org/cgi-bin/mailman/listinfo/sosfbay-discuss
> 
> 
> -- 
> Spencer Graves, PE, PhD
> President and Chief Operating Officer
> Structure Inspection and Monitoring, Inc.
> 751 Emerson Ct.
> San José, CA 95126
> ph:  408-655-4567
> 

-- 
Tian
http://tian.greens.org
"A sound system can put the harm in harmony." - Caroline Casey on KPFA