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HomeMy WebLinkAboutOrdinance No. 5600 *** Proof of Publication *** Courier Communications 100 East 4th Street, Waterloo, Iowa 50703 Black Hawk County I do solemnly swear that the annexed copy of notice was published in the WATERLOO/CEDAR FALLS COURIER, a daily newspaper printed in WATERLOO, Black Hawk County, Iowa, and that the annexed rate of advertising is the regular legal rate of said newspaper, and that the following is a correct bill for publishing said notice. Waterloo, City of- Legals 715 MULBERRY ST. WATERLOO IA 50703 ORDER NUMBER 199374 l LAu , Y� Signed Subscribed and sworn to before me this a day o&,VQ , 20Q� s �.4 d Ly Mqajl,W Notary Publ Received of the sum of Dollars in full for publication of the above invoice. Notary Seal: •* •. JODI E IVICKINSTRY COPA ISSIOPI N0.7824+3 ilT! N EXPIRES�o�• Section: Legals Category: 950 Legal Notice PUBLISHED ON: 06/10/2021 TOTAL AD COST: 256.53 FILED ON: 6/14/2021 *** Proof of Publication *** ORDINANCE NO.5600 AN ORDINANCE AN ORDINANCE AMENDING THE CITY OF WATERLOO CODE OF ORDINANCES BY REPEAL- ING CHAPTER 2,BICYCLES,OF TITLE 6, MOTOR VEHICLES AND TRAFFIC AND ENACTING IN LIEU THEREOF A NEW CHAPTER 2, BICYCLES OR MOTOR SCOOTERS, OF TITLE 6, MOTOR VEHICLES AND TRAFFIC, BE IT ORDAINED by the City Council of the City of Waterloo,Iowa,that the City of Waterloo Code of Ordinances is hereby amended as follows: That Title 6, Motor Vehicles and Traffic, Chapter 2, Bicycles, of the City of Waterloo,2008 Traffic Code be repealed and enact in lieu thereof a new Thle 6, Motor Vehicles and Traffic, Chapter 2, Bicycles,as follows: 6-2-1:DEFINITIONS: A.Bicycle: 1.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 four(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. It.)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 gag of minimum sixty inches(60`) in height as measured from the ground. 2. Electric-Assist Bicycle: An upright or recumbent device having up to four(4) wheels which is fully operable by human power andlor an electric motor of less than seven hundred fifty watts(750 W)(1 horsepower)with the following character- istics:capable of producing a maximum speed,when operated on a paved level surface and while ridden by an operator whose weight is one hundred seventy (170)pounds of:a)twenty(20)miles per hour or less when powered solely by such a natal,or h=eight(26)miles per hour when combined with human power. Operators of electric-assist bicycles are required to be at least fifteen(15)years of age. 3. There are three (3) classes of electric-assist bicycles as defined below: at 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 twenty(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 twenty(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 Twenty-eight (28) miles per hour. Class 3 bicycles are not allowed on multi-use recreational trails,or sidewalks. 4. Electric-assist bicycles shall not be customized to increase speed capabili- ties. B. ELECTRIC SCOOTER: A device weighing less than 150 pounds which has (a)has handlebars and an electric motor to)is solely powered by the electric motor (c) has a maximum speed of not more than 20 MPH and on paved level surface when powered safely by the electric motor. C. MULTI-USE RECREATIONAL TRAIL: Muii-use recreational trail shall mean a way or place for the use and travel of pedestrians and bicycles or other author- ized conveyances, the use of which is controlled by the State, County or 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. D. BICYCLE LANE: Bicycle lane shall mean a portion of street or highway signed and marked for exclusive use by bicycles or electric scooters.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 tragic control devices. E. PARKING PROTECTED BICYCLE LANE: Parking protected bicycle lane is installed next to the edge of the street and is separated from other roadway tragic by *** Proof of Publication *** on-street parking. F. SIDEWALK: Sidewalk means that portion of a street between the curb lines. or the lateral lines of a roadway,and the adjacent property lines intended for the use of pedestrians. G. ROADWAY: Any street, sidewalk, highway, park road, bicycle lane or multiuse recreational trail upon which a bicycle or electric scooter does or may operate. 6-2-2:APPLICABILITY OF MOTOR VE- HICLE AND TRAFFIC LAWS: Every person operating a bicycle or electric scooter 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 or electric scooter operation, and except those provisions giving special treatment regarding police bicycles.(Ord.5495,640-2019) 6-2-3:RULES FOR RIDING: A. Attaching To Another Vehicle: No operator or passenger of a bicycle or electric scooter shall cling to or attach himself or herself,or his or her bicycle or electric scooter.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 mufti-use recreational traits If the device or accessory was designed to meet the American Society for Testing and Materials(ASTM)stand- ards for such purposes. 2.The operator of a bicycle may carry or tow objects or anomer person on a device or accessory on streets and highways, except where prohibited by other laws,it the device or accessory was designed and meets ASTM standards for such purposes and has a height of at least forty two inches(42")or, if the height is less than forty two inches(42"), is equipped with a rear-mount red or orange or yellow flag at a minimum height of sixty inches (60') as measured from the ground. A - war mounted red reflector or red light is required. C. Stopping: Every bicycle or electric scooter used upon a City roadway shall be able to safely come to a complete stop. D. Maintaining Control of Bicycle or Electric Scooter:The operator of a bicycle or electric scooter 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 or electric scooter. 6-2-5: BICYCLE AND ELECTRIC SCOOTER EQUIPMENT: A.Lights And Reflectors: Requirements for lights and reflectors are as follows: 1.Every bicycle or electric scooter ridden at any time from sunset to sunrise and at such other times when conditions such as fog, snow, sleet, or rain provide insuffi- cient lighting to render persons and vehicles clearly discernable on a roadway at a distance of three hundred feet(300') ahead shall be equipped with a lamp on the front exhibiting a white light visible from a distance of at least three hundred feet(300')to the front and also a red light visible from a distance of three hundred feet(300')to the rear. 2. Body attachment equipment such as lights attached to the head,back,am,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 or electric scooter is acceptable on the rear. 3.A citation issued for failure to have a front or rear lamp on a bicycle or electric scooter or on a bicycle rider or electric scooter operator as required shall first provide for a seventy two-four 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 ame 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 net required to use either front or rear lamps it duty so requires. e. whistles and Sirens Prohibited: No siren or whistle shall be placed or used on a bicycle or electric scooter as a warning signal or for any other purpose. This subsection shall not apply to bicycles ridden by peace officers in the line of duty. *** Proof of Publication *** 6-2-6: OBEDIENCE TO TRAFFIC SIG- NALS AND TRAFFIC CONTROL DEVI- CES: A. Obeying All Signs, Signals and Regulations: Every person operating a bicycle or electric scooter 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 or electric scooter he or she shall then obey the regulations applicable to pedestrians. B.Malfunctioning Lights: 1.If a bicyclist or electric scooter operator 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 two (2) minutes without any obvious •reasons such as emergency vehicle preemption or railroad crossing preemption, and the bicyclist or electric scooter operator has a reasonable belief that the traffic signal is inoperative or non-responsive, the bicyclist or electric scooter operator 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,electric scooters, pedestrians, and other nodes of travel provided that the bicyclist or electric scooter operator cautiously pro- ceeds through the intersection or cross- walk with reasonable care and considera- tion for all other applicable miss of the road. 2. The provisions of this subsection B also apply to a bicyclist or electric scooter operator who has stopped pursuant to encountering a solid DONT WALK or solid upraised hand (symbolizing don't 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 or electric scooter on a street or highway without a marked bicycle lane must ride with the flow of traffic on the right side thereof,except under any of the following situations: 1.When rioting along another vehicle or bicycle or electric scooter while overtak- ing or passing that vehicle or bicycle or electric scooter proceeding in the same direction. 2. When preparing for a left tum at an intersection or into a road or a driveway. 3.When avoiding any road condition that may affect the operation of bicycles or electric scooters,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 or electric scooter traffic on the left side of the roadway. S.When a street has parallel-parked cars that, when doors are opened, could create a collision with the person riding a bicycle or electric scooter. 6. When an advanced stop line(i.e., a bicycle box)allows for bicyclists or electric scooter operators 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 or electric scooter upon a roadway which carries traffic in one direction only and has two(2)or more marked traffic lanes, the bicyclist or electric scooter operator may ride on the left traffic lanes. 6.When the bicycle or electric scooter is part of a parade or special event authorized by the City. B. Riding on Shoulder: Bicyclists or electric scooter operators may ride on the shoulder ora designated bicycle lane. C. Slow Moving Bicyclists or Electric Scooter Operators: Bicyclists or electric scooter operators 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 or electric scooter within a bicycle lane may move out of the lane unless prohibited by traffic control signs. 2. No person operating a bicycle or electric scooter 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 or electric scooter operator 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. *** Proof of Publication n.l u Ante where a the r is way. u. 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 or electric scooters 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. 6-2-1 PARKING: No bicycle or electric scooter shall be parked upon a street or sidewalk in such a manner as to interfere with free passage by the public. A bicycle or electric scooter may stop, stand or park on a sidewalk if not prohibited by this Code. 6-2-9:SIGNALING TURNS: Bicycle or electric scooter operators shall use the following signals to indicate a tum or a slow/stop: A.Left turn:Left hand and arm extended horizontally to left. B.Right turn:Leff hand and arm extended upward to the left. C.Stop or decrease of speed:Left hand and arm extended downward. B-2-10:PASSING: A. Passing Maneuver: Bicyclists or electric scooter operators may overtake and pass another vehicle when it is safe to do so. Except as allowed under subsection 6-2-7A of this chapter, bicy. clists or electric scooter operators should always pass on the lett except when the bicyclist or electric scooter operator is in a bicycle lane or there are two(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 or electric scooter operator must first move to the left lane.After overtaking the motor vehicle, the bicyclist or electric scooter operator most 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 or electric scooter upon a public roadway when approaching another mode of travel such as a pedestrian or another bicyclist or electric scooter operator 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 CROSS- WALKS: A person operating a bicycle or electric scooter shall yield the right-of-way to a pedestrian, bicyclist or electric scooter operator crossing the roadway or path within any Marked crosswalk, cr within any unmarked crosswalk at an intersec- lion or multi-use recreational trail cross- ing. 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, an electric scooter operator, a person on a skate board etc.,crossing the roadway or path within any marked crosswalk, or within any unmarked crosswalk at an Infected. tion or multi-use recreational trail cross- ng. B. Separation From Bicycles or Electric Scooters:A motorist overtaking a bicycle or electric scooter proceeding in the same direction must allow a safe and reasona- ble separation between the vehicle, including any mirror or other projection, and the side of the bicycle or electric scooter of more than five feet (5). A motorist overtaking a bicycle or electric scooter proceeding in the same direction may partially cross the highway cenledine between two(2)lanes of travel it it can be performed safely and the more than the required distance of separation is ob- tained. The driver of the motor vehicle shall maintain that separation until safely Past the overtaken bicycle or electric scooter. 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 or electric scooter on a street, highway or park road including the shoulder adjacent to the street,highway or park road. D.ProjectingRhrowing Objects:A person shall not knowingly project or throw any objector substance at or against a person riding a bicyU0 or electric scooter 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. *** Proof of Publication *** bicyclist or,electric scooter operator. 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 unload passengers and cargo. 6-2-13:VIOLATIONS: Violations of any provision of this chapter 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 eighteen (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 eighteen (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 byy a person under the age of eighteen (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 chapter shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of this chapter as a whole or any section, provision or part thereof not adjudged invalid or unconstitu- tional. PASSED AND ADOPTED this 1st day of June 2021. Quentin Hart,Mayor Attest:Kelley Felchle,City Clerk