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OFFICE OF THE CITY ATTORIIEY <br />OPINION NO . 73- S~ <br />SEPTEMBER 4, 1973 <br />SUBJECT: Questions Relating to Bike Paths. <br />OPINION B1': James A. Withers, City Attorney <br />BY: Stephen M. Chase, Deputy City Attorney <br />REQUESTED BY: Planning Director <br />QUESTION NO. 1. What amendments are required to our <br />Municipal Code, if any, to mark and <br />paint paths along City streets for <br />exclusive use by bicycles? <br />ANSWER NO. 1. Though there may be subtleties in word- <br />ing of certain Code sections which might <br />have to be changed, the general frame- <br />work for the marking of such paths is <br />already in the Code. <br />ANALYSIS <br />Section 36-74 provides as follows: <br />"The director of public works is authorized to <br />mark center lines and lane lines upon the surface <br />of the roadway to indicate the course to be tra- <br />versed by vehicles, and may place signs temporarily <br />indicating lanes to be used by traffic moving in <br />a particular direction, regardless of the center <br />line of the highway." <br />The above quoted section appears to give the director <br />of public works authority sufficient to change the markings and <br />to reflect the bicycle use on a given street. <br />QUESTION NO. 2. Would the expenditures concerning the <br />bike path come under the State Gas <br />Tax Fund Money? <br />ANSWER NO. 2. Probably, yes. <br />ANALYSIS <br />Streets and Highways Code Section 2101 provides: <br />"All monies in the Highway Users Tax Fund and <br />118 <br />