Chief of Police Rules OK to Block Bike Lanes in Emeryville
Illegal to Block Lanes in Neighboring Cities
City Hall Scrambles to Protect Bikers, Thwart Chief's Ruling
Officials at Emeryville City Hall have been pushed into a tailspin by recent incendiary comments from the chief of police that claim people are allowed to block bike lanes with parked vehicles for up to 72 hours without fear of receiving a ticket from the police department. The comments came in a November 29th email from Chief Jeffery Jennings after a cascade of citizen complaints about trucks blocking our bike lanes and have pushed the city staff and the Council to search for new ways to keep the city’s bike lanes clear, the Tattler has learned. Mr Jennings cites the California Vehicle Code as his authoritative source that it is “perfectly legal” for vehicles to block bike lanes, interestingly, the same source that neighboring cities use to declare the practice illegal.
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| Emeryville Chief of Police Jeffery Jennings His unique reading of the California Vehicle Code puts him at odds with chiefs of police in Berkeley, Oakland, San Francisco and Hayward. |
The City of Emeryville is scrambling, responding to the distressing pronouncement from Chief Jennings by exploring extra levels of protection for bicyclists such as painting all curbs in bike lanes red and/or adding ‘no parking’ signs alongside every bike lane. Mr Jennings expressed to the Tattler that such actions would be enough for him to start directing his officers to ticket vehicles in those bike lanes.
Attorneys contacted by the Tattler expressed surprise at Chief Jennings’ take on the vehicle code that has the added effect of voiding Emeryville’s new parking meter program by offering a plethora of free parking on any bike lane. One attorney stated the snippets quoted from the California Vehicle Code by Mr Jennings seem to be cherry picked in such a way as to make vehicles blocking bike lanes legal.
The November 29th statement legalizing bike lane blocking in Emeryville by Chief Jennings, cites CA Vehicle Code Div 11 Chapter 1 Article 4 Section 2121 which states: No person may stop, stand, sit, or loiter upon any class I bikeway, as defined in subdivision (a) of Section 890.4 of the Streets and Highways Code, or any other public or private bicycle path or trail, if the stopping, standing, sitting, or loitering impedes or blocks the normal and reasonable movement of any bicyclist.
The above language would protect bike lanes but Chief Jennings focuses on the Streets and Highways Code to make his determination that it is OK for vehicles to block the lanes, a move former Emeryville City Council member and practicing attorney John Fricke took issue with. In a letter to the Tattler responding to the Chief, Mr Fricke was adamant, “The police chief's reliance on S&H Code section 890.4 is severely undermined by the fact that the S&H Code in general is not where vehicle prohibitions are placed. For that, one must look to the Vehicle Code. In addition, section 890.4 is part of a larger act that has as its main purpose the promotion of bicycle travel: the California Bicycle Transportation Act. How ironic that the police chief cites this act as proof that trucks can block a bike lane.”, Mr Fricke wrote.
Additionally, Mr Fricke notes “Subsection (b) is the general rule, no parking in the bike lane ("upon any bikeway" includes a Class II bikeway as defined in Streets and Highways Code section 890.4, which is the section the police chief cites as evidence of a right to park in a bike lane).”
The City of Emeryville’s Municipal Code also protects bike travel in town by making it illegal to block a bike lane. Code 4-9.21 states “It shall be unlawful for the operator of any train, truck, or other vehicle to stop or park in such manner as to block or impede the flow of traffic”. However Chief Jennings says the Emeryville Municipal Code is subordinate to the greater authority of the California Vehicle Code and so bicycle traffic may be impeded.
The Tattler contacted the police departments in Berkeley, Oakland, San Francisco and Hayward and all reported it is illegal for vehicles to block bike lanes in their respective cities. Berkeley PD Officer Vaughn (#826) uses the same CA Vehicle Code Div 11 Chapter 1 Article 4 Section 2121 Chief Jennings does but he said, "We cite [vehicles] for that every day”.
The only vehicles allowed to block bike lanes according the the California Vehicle code are specifically utility trucks, newspaper delivery trucks, garbage trucks and tow trucks, and all while actively working only.
Bike safety studies have shown crossing over the solid white line of a bike lane, swerving out into a vehicle lane to avoid a vehicle blocking is the most dangerous legal move a bicyclist can make. Emeryville, it would appear, will continue to be a place for this very dangerous movement made by bicyclists unless the City Council reverses Mr Jennings and his anti-bike directive.
Chief Jennings is not some lone wolf it should be noted. An October 29th 2020 Tattler story highlighted a recalcitrant Emeryville Police Department loath to issue citations for vehicles blocking our bike lanes, indicating this anti-bike culture predates Chief Jennings who was hired in December of that year.
For his part, Mr Jennings has downplayed the whole bike lane tumult. Shrugging off the mounting controversy his legal-to-block-bike-lanes directive has caused, the Chief was nonchalant, ”If this is the worst problem that I have then I'm doing well” he told the Tattler.
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| Emeryville Police responded to calls concerning this truck with a large banner parked on Shellmound Street, blocking the bike lane. No tickets were written because "It is legally parked" said one of the responding officers. |
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| This banner could be placed on any one of the hundreds of trucks blocking our bike lanes every week in Emeryville. |
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| Trucks blocking bike lanes earns one Nora smile. |