§ 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 miles per hour, or if pedestrians are present no greater than eight miles per hour, or to endanger the health, safety or property of any other person while riding or operating any wheeled 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.

(Ord. No. 423 N.S., § 2 (part))

( Ord. No. 567 N.S., § 1B, 11-16-2016)