2010 Bicyclist Safety Ordinance in Jonesboro

AN ORDINANCE TO ESTABLISH TRAFFIC LAWS PERTAINING TO THE OPERATION OF BICYCLES ON JONESBORO CITY STREETS

Whereas, because cycling has become more popular in the City of Jonesboro; and

Whereas, because there have been accidents involving cyclists and drivers of vehicles; and

Whereas, because cyclist and drivers both need to take responsibility for sharing the road,

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JONESBORO, ARKANSAS THAT:

SECTION 1: The City of Jonesboro shall adopt the following rules pertaining to the operation of bicycles on Jonesboro City Streets:

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings:

•                     Bicycle.  “Bicycle” means a vehicle primarily propelled by human power, operated by a person usually seated on a seat and driven on the ground on wheels by the operator.

•                     Operator.  “Operator” means a person who travels on and controls a bicycle.

•                     Public roadway.  “Public roadway” means a right-of-way under the jurisdiction and control of the State or a local political subdivision of the State for the use primarily by motor vehicular traffic.

SECTION 2: A person operating a bicycle upon a roadway at a speed less than the normal speed of traffic moving in the same direction at that time and place shall drive on the right portion of the way as far as practicable except when it is unsafe to do so or:

•                     When overtaking and passing another bicycle or other vehicle proceeding in the same direction;

•                     When preparing for or making a left turn at an intersection or into a private road or driveway;

•                     When proceeding straight in a place where right turns are permitted; and

•                     When necessary to avoid hazardous conditions, including, but not limited to, fixed or moving objects, vehicles, bicycles, pedestrians, animals, broken pavement, glass, sand, puddles, ice, surface hazards or opening doors from parallel-parked vehicles, or a lane of substandard width that makes it unsafe to continue along the right portion of the way.

•                     For purposes of this paragraph, “lane of substandard width” means a lane that is too narrow for a bicycle and a vehicle to travel safely side by side in the lane.

SECTION 3: The driver of a vehicle within an intersection intending to turn to the left shall yield the right-of-way to a bicycle approaching from the opposite direction which is within the intersection or so close thereto as to constitute an immediate hazard.

SECTION 4:  When a motor vehicle and a bicycle are traveling in the same direction on any highway, street, or road, the operator of the motor vehicle overtaking such bicycle traveling on the right side of the roadway shall not turn to the right in front of the bicycle at that intersection or at any alley or driveway until such vehicle has overtaken and is safely clear of the bicycle.

SECTION 5: A person operating a bicycle may pass a vehicle on the right at the bicyclist’s own risk.

SECTION 6:  The driver of a vehicle shall not drive, unless entering or exiting a legal parking space, or stand, or park the vehicle upon any on-street path or lane designated by official signs or markings for the use of bicycles, or otherwise drive or place the vehicle in such a manner as to impede bicycle traffic on such path or lane. The driver of a vehicle shall not stand or park the vehicle upon any lane designated by pavement markings for the shared use of motor vehicles and bicycles, or place the vehicle in such a manner as to impede bicycle traffic on such lane. Any person who violates this section shall be fined $100.00 for each offense.

SECTION 7: Every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian, or any person operating a bicycle or other device propelled by human or animal power, upon any roadway, and shall give warning by sounding the horn when necessary and shall exercise proper precautions upon observing any child or any confused or incapacitated person upon a roadway.

SECTION 8: A motor vehicle operator may pass a bicycle traveling in the same direction in a no-passing zone only when it is safe to do so.

SECTION 9:  No person shall ride a bicycle upon a sidewalk within a business district. Whenever any person is riding a bicycle upon a sidewalk outside of business districts, such person shall yield the right-of-way to any pedestrian and shall give audible signal before overtaking and passing such pedestrian.

•                   This section shall not apply to police officers acting in the line of duty as part of a city bicycle patrol, except that police officers riding on sidewalks shall operate the bicycle in a safe manner, yielding to the right-of-way and warning pedestrians to the extent possible.

•                     A person 17 years of age or over who violates this section commits a civil violation for which a fine of not less than $25 and not more than $100 may be adjudged. A person between the age of 12 and 16 who violates this section commits a civil violation and shall be adjudged community service of 8 hours not to exceed 40 hours.

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