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HomeMy WebLinkAbout5495 - 06/10/2019Prepared by LeAnn M. Even, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. ORDINANCE NO. 5495 AN ORDINANCE AMENDING THE CITY OF WATERLOO CITY CODE BY REPEALING TITLE 6, MOTOR VEHICLES AND TRAFFIC, CHAPTER 2, BICYCLES, AND ENACTING IN LIEU THEREOF A NEW TITLE 6, MOTOR VEHICLES AND TRAFFIC, CHAPTER 2, BICYCLES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA AS FOLLOWS: That Title 6, Motor Vehicles and Traffic, Chapter 2, Bicycles, of the City of Waterloo, 2008 Traffic Code be repealed and enact in lieu thereof a new Title 6, Motor Vehicles and Traffic, Chapter 2, Bicycles, as follows: 6-2-1: DEFINITIONS: A. Bicycle: 1. Pedal -only bicycle: An upright or recumbent device having up to 4 wheels and having at least one saddle or seat for the use of an operator, which is propelled by human power. a.) An upright bicycle is a bicycle placing the operator of the bicycle in a position above the pedals. b.) A recumbent bicycle is a bicycle that places the operator of the bicycle in a reclining position and behind the pedals. A recumbent bicycle requires a rear -mounted red or orange or yellow flag of minimum 60 inches in height as measured from the ground. 2. Electric -assist bicycle: An upright or recumbent device having up to 4 wheels which is fully operable by human power and/or an electric motor of less than 750 watts (one horsepower) with the following characteristics: capable of producing a maximum speed, when operated on a paved level surface and while ridden by an operator whose weight is 170 pounds of: (i) 20 miles per hour or less when powered solely by such a motor, or (ii) 28 miles per hour when combined with human power; operators of electric -assist bicycles are required to be at least 15 years of age. 3. There are 3 classes of electric -assist bicycles as defined below: a.) Class 1 (Pedal Assist) is a low -speed bicycle equipped with an electric motor that provides assistance only when the operator is pedaling and ceases to provide assistance when the bicycle reaches a speed of 20 miles per hour. Class 1 bicycles are not allowed on sidewalks. b.) Class 2 (Throttled on Demand) is a low -speed bicycle equipped with an electric motor that provides assistance when the operator is pedaling or when the operator activates and controls the motor manually, and the motor ceases to provide assistance when the bicycle reaches a speed of 20 miles per hour. Class 2 bicycles are not allowed on sidewalks. c.) Class 3 is a bicycle equipped with a speedometer and an electric motor that provides assistance only when the operator is pedaling and that ceases to provide assistance when the bicycle reaches a speed of 28 miles per hour. Class 3 bicycles are not allowed on multi -use recreational trails, or sidewalks. Ordinance No. 5495 Page 2 4. Electric -assist bicycles shall not be customized to increase speed capabilities. B. Multi -use Recreational Trail: Multi -use recreational trail shall mean a way or place for the use and travel of pedestrians and bicycles or other authorized conveyances, the use of which is controlled by the City and the identity of which is designated by the multi -use recreational trail map as updated periodically and approved by resolution of the City Council. No multiuse recreational trail shall be considered a street or highway. C. Bicycle lane: Bicycle lane shall mean a portion of street or highway signed and marked for exclusive use by bicycles. Other modes of travel shall not travel on bicycle lanes except for making legal maneuvers such as turning movements or as otherwise allowed by law or traffic control devices. D. Parking protected bicycle lane: Parking protected bicycle lane is installed next to the edge of the street and is separated from other roadway traffic by on -street parking. E. Sidewalk: Sidewalk means that portion of a street between the curb lines, or the lateral lines of a road way, and the adjacent property lines intended for the use of pedestrians. F. Roadway: Any street, sidewalk, highway, park road, bicycle lane or multi -use recreational trail upon which a bicycle does or may operate. 6-2-2: APPLICABILITY OF MOTOR VEHICLE AND TRAFFIC LAWS: Every person operating a bicycle upon any roadway shall be subject to this chapter, other city traffic ordinances, and state statutes applicable to the drivers of motor vehicles, except as to special regulations in this chapter, except as to those provisions of ordinances and statutes which by their nature can have no application to bicycle operation, and except those provisions giving special treatment regarding police bicycles. 6-2-3: RULES FOR RIDING: A. Attaching to Another Vehicle: No operator or passenger of a bicycle shall cling to or attach himself or herself, or his or her bicycle, to any moving vehicle. B. Additional Passengers: 1. The operator of a bicycle may carry or tow objects or another person on a device or accessory on multi -use recreational trails if the device or accessory was designed to meet the American Society for Testing and Materials (ASTM) standards for such purposes. 2. The operator of a bicycle may carry or tow objects or another person on a device or accessory on streets and highways, except where prohibited by other laws, if the device or accessory was designed and meets ASTM standards for such purposes and has a height of at least 42 inches or, if the height is less than 42 inches, is equipped with a rear -mount red or orange or yellow flag at a minimum height of 60 inches as measured from the ground. A rear mounted red reflector or red light is required. C. Stopping: Every bicycle used upon a city roadway shall be able to safely come to a complete stop. D. Maintaining Control of Bicycle: The operator of a bicycle upon a roadway shall keep the bicycle under control at all times. 6-2-4: ALTERATION OF SERIAL FRAME NUMBER: It shall be unlawful for any person to willfully remove, destroy, mutilate, or alter the manufacturer's serial frame number of any bicycle. Ordinance No. 5495 Page 3 6-2-5: BICYCLE EQUIPMENT: A. Lights and Reflectors: Requirements for lights and reflectors are as follows: 1. Every bicycle ridden at any time from sunset to sunrise and at such other times when conditions such as fog, snow, sleet, or rain provide insufficient lighting to render persons and vehicles clearly discernable on a roadway at a distance of 300 feet ahead shall be equipped with a lamp on the front exhibiting a white light visible from a distance of at least 300 feet to the front and also a red light visible from a distance of 300 feet to the rear. 2. Body attachment equipment such as lights attached to the head, back, arm, or leg are allowed as long as white color is used on the front and a red color is used on back. If a rear red body attachment lamp is used then a red reflector attached to the bicycle is acceptable on the rear. 3. A citation issued for failure to have a front or rear lamp on a bicycle or on a bicycle rider as required shall first provide for a seventy -two-hour period within which the person charged with the violation shall install, replace or repair the lamp. If the person complies with the directive to install, replace or repair the headlamp or rear lamp within the allotted time period, the citation shall be expunged. If the person fails to comply within the allotted time, the citation shall be processed in the same manner as other citations. 4. A peace officer riding a police bicycle is not required to use either front or rear lamps if duty so requires. B. Whistles and Sirens Prohibited: No siren or whistle shall be placed or used on a bicycle as a warning signal or for any other purpose. This section shall not apply to bicycles ridden by peace officers in the line of duty. 6-2-6: OBEDIENCE TO TRAFFIC SIGNALS AND TRAFFIC CONTROL DEVICES: A. Obeying All Signs, Signals and Regulations: Every person operating a bicycle shall obey the directions of official traffic signals, signs and other control devices applicable to other vehicles, unless otherwise directed by a police officer, including but not limited to direction signs relative to turns permitted. If an operator dismounts from the bicycle he or she shall then obey the regulations applicable to pedestrians. B. Malfunctioning Lights: 1. If a bicyclist has stopped pursuant to encountering a solid red ball or a solid red arrow displayed by a highway traffic signal control light but the signal remains red more than 2 minutes without any obvious reasons such as emergency vehicle preemption or railroad crossing preemption, and the bicyclist has a reasonable belief that the traffic signal is inoperative or non-responsive, the bicyclist may disregard or disobey the instructions of the signal and proceed through the intersection after yielding right of way to all conflicting traffic such as vehicles, bicycles, pedestrians, and other modes of travel provided that the bicyclist cautiously proceeds through the intersection or crosswalk with reasonable care and consideration for all other applicable rules of the road. 2. The provisions of part B also apply to a bicyclist who has stopped pursuant to encountering a solid DONT WALK or solid upraised hand (symbolizing DONT WALK) indication displayed by a traffic signal control light. 6-2-7: PLACE OF RIDING: A. Street or Highway with no Marked Bicycle Lane: Any person operating a bicycle on a street or highway without a marked bicycle lane must ride with the flow of traffic on the right side Ordinance No. 5495 Page 4 thereof, except under any of the following situations: 1. When riding along another vehicle or bicycle while overtaking or passing that vehicle or bicycle proceeding in the same direction. 2. When preparing for a left turn at an intersection or into a road or a driveway. 3. When avoiding any road condition that may affect the operation of bicycles, including but not limited to parked vehicles, drain grates, debris, fixed objects, surface hazards, and substandard width lanes that make it unsafe to continue along the right side of the roadway. 4. When travelling on a facility that would allow bicycle traffic on the left side of the roadway. 5. When a street has parallel -parked cars that, when doors are opened, could create a collision with the person riding a bicycle. 6. When an advanced stop line (i.e., a bicycle box) allows for bicyclists to filter to the front of a traffic lane at a traffic sign or signal and turn. 7. When a person is operating a bicycle upon a roadway which carries traffic in one direction only and has 2 or more marked traffic lanes, the bicyclist may ride on the left traffic lanes. 8. When the bicycle is part of a parade or special event authorized by the City. B. Riding on Shoulder: Bicyclists may ride on the shoulder or a designated bicycle lane. C. Slow Moving Bicyclists: Bicyclists operating on a roadway at less than the normal speed of traffic shall ride as close to the right curb or edge of the roadway as safe as practical. D. Bicycle Lane: 1. Any person operating a bicycle within a bicycle lane may move out of the lane unless prohibited by traffic control signs. 2. No person operating a bicycle shall leave a bicycle lane until the movement can be made with reasonable safety and then only after giving an appropriate signal. 3. A bicyclist may ride against the flow of traffic in a bicycle lane designated for counter flow bicycle traffic. 4. No person shall drive a motor vehicle in a bicycle lane established on a roadway except as follows: a.) To park where parking is permitted. b.) To enter or leave the roadway. c.) To prepare for a turn within a safe distance from the intersection. d.) To yield to an approaching emergency vehicle. E. Operation on Sidewalk: Bicycles may be operated upon the public sidewalks if done in a careful and prudent manner except where signs are erected that prohibit riding on the sidewalk or when riding on a sidewalk is prohibited by other laws or ordinances. Riding on a sidewalk in the Central Business District is prohibited. 6-2-8: PARKING: No bicycle shall be parked upon a street or sidewalk in such a manner as to interfere with free Ordinance No. 5495 Page 5 passage by the public. A bicycle may stop, stand or park on a sidewalk if not prohibited by this code. 6-2-9: SIGNALING TURNS: Bicycle operators shall use the following signals to indicate a turn or a slow/stop: A. Left Turn: Left hand and arm extended horizontally to left. B. Right Turn: Left hand and arm extended upward to the left. C. Stop or Decrease of Speed: Left hand and arm extended downward, 6-2-10: PASSING: A. Passing Maneuver: Bicyclists may overtake and pass another vehicle when it is safe to do so. Except as allowed under 6-2-7A, bicyclists should always pass on the left except when the bicyclist is on a bicycle lane or there are 2 or more lanes in the direction of travel, in which case passing on the right is permitted. To pass a motor vehicle, the bicyclist must first move to the left lane. After overtaking the motor vehicle, the bicyclist must return to the right lane once reaching a safe and clear distance in front of the vehicle. B. Audible Signal: Every person lawfully operating a bicycle upon a public roadway when approaching another mode of travel such as a pedestrian or another bicyclist shall produce a clear audible warning signal before overtaking and passing to warn the other party of the intention to pass. 6-2-11: YIELD TO PERSONS IN CROSSWALKS: A person operating a bicycle shall yield the right-of-way to a pedestrian or bicyclist crossing the roadway or path within any marked crosswalk, or within any unmarked crosswalk at an intersection or multi -use recreational trail crossing. 6-2-12: MOTORISTS: A. Yield to Persons in Crosswalk. A person operating a motor vehicle shall yield the right-of- way to a person, such as a pedestrian, a bicyclist, a person on a skate board, etc., crossing the roadway or path within any marked crosswalk, or within any unmarked crosswalk at an intersection or multi -use recreational trail crossing. B. Separation from Bicycles: A motorist overtaking a bicycle proceeding in the same direction must allow a safe and reasonable separation between the vehicle, including any mirror or other projection, and the side of the bicycle of more than 5 feet. A motorist overtaking a bicycle proceeding in the same direction may partially cross the highway centerline between two lanes of travel if it can be performed safely and the more than the required distance of separation is obtained. The driver of the motor vehicle shall maintain that separation until safely past the overtaken bicycle. C. Driving Too Close: A person operating a motor vehicle shall not steer the motor vehicle unreasonably close to or toward a person riding a bicycle on a street, highway or park road, including the shoulder adjacent to the street, highway or park road. D. Projecting/Throwing Objects: A person shall not knowingly project or throw any object or substance at or against a person riding a bicycle on public roadway. E. Opening Doors into Moving Traffic: No person shall open any side door of a motor vehicle located on a street, highway or park road without first taking precaution to ensure that this action does not interfere with the movement of traffic or endanger any other person, vehicle or bicyclist. In addition, no person shall leave open any protruding side door of a motor vehicle located on a street, highway or park road for a period of time longer than necessary to load or Ordinance No. 5495 Page 6 unload passengers and cargo. 6-2-13: VIOLATIONS: Violations of any provision of this Article shall be punished by a fine as established by Section 1-3-2 of this code. The parent or guardian of any person under the age of 18 shall not authorize or knowingly permit any such person to violate any of the provisions of this Chapter. The parent or guardian of any person under the age of 18 who violates any of the provisions of this Chapter shall be responsible to pay the fines. A violation of any provision of this Chapter by a person under the age of 18 shall not affect any civil right or liability nor shall such violation be considered a criminal offense. 6-2-14: SEVERABILITY: If any section, provision or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. INTRODUCED: June 10, 2019 PASSED 1st CONSIDERATION: June 10, 2019 PASSED 2nd CONSIDERATION: June 10, 2019 PASSED 3rd CONSIDERATION: June 10, 2019 PASSED AND ADOPTED by this Council this 10th day of June 2019. ATTEST: // elley Felc e City Clerk CERTIFICATE Quentin Hart, Mayor I, Kelley Felchle, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 5495 as passed and adopted by the City Council of the City of Waterloo, Iowa, on the 10th day of June 2019. Witness my hand and seal of office this 10th day of June 2019. SE -AL ` Kelley Fel City Clerk