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HomeMy WebLinkAboutAmending Section 20-20 Addressing Safety Regulations when Passing Bicycles ORDINANCE No . 10223-13 Passed by the Common Council of the City of South Bend, Indiana March 11, 20 13 Attest: City Clerk JOHN VOORDE 11;11)Attest: \ ` . , i it,4_� tir'e1 President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana March 12, 20 13 \Ire' _. City Clerk JOHN VOORDE Approved and signed by me MA-R C H 17— 20 13 Mayor — Substitute Bill No. 13-12 as amended Ordinance No. ( U 2.-1-3—(.3 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTION 20-20 OF ARTICLE 1, CHAPTER 20 VEHICLES AND TRAFFIC OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING SAFETY REGULATIONS WHEN PASSING BICYCLES STATEMENT OF PURPOSE AND INTENT The South Bend Common Council notes that the City of South Bend is dedicated to seeing that individuals have the opportunity to enjoy bicycle riding throughout the city in as safe a manner as possible. This requires both the motor vehicle operators, as well as bicyclists, to abide by the rules of the road. The Common Council further recognizes that there are many Indiana state laws codified into Title 9 of the Indiana Code, as well as regulations codified into the Manual on Uniform Traffic Control Devices (MUTCD) which govern bicycle traffic. The City of South Bend would like to implement additional safety regulations which would require a minimum of three feet (3') minimum distance from a bicyclist when passing such bicyclist by an operator of a motor vehicle. It is believed that sharing the road with bicyclists and motorists in South Bend may be enhanced by this regulation. Section I. Chapter 20, Article 1, Section 20-20 of the South Bend Municipal Code is amended to read in its entirety as follows: See,2$='Res ed. Sec. 20-20 Minimum Passing Distance When Overtaking a Bicyclist. (e) Definitions: Terms used in this sections shall have the following meanings: (1) "Bicyclist" shall mean a person using a bicycle as defined in Section 20-2 (a) (4) of this Code. (2) "Driver" shall have the meaning set forth in Section 20-2 (a) 10) of this Code. (3) "Motor vehicle" shall have the meaning set forth in Section 20-2 (a) (16) of this Code. (4) "Operator" shall have the meaning set forth in Section 20-2 (a) (22) of this Code. (5) "Roadways" shall have the meaning set forth in Section 20-2 (a) (37) of this Code. Ordinance Addressing Overtaking or Passing a Bicyclist Page 2 (f) Overtaking or Passing a Bicyclist: The driver or operator of any motor vehicle driving on the roadways of South Bend may overtake or pass a bicyclist when there is a safe distance of not less than three feet(3')between the motor vehicle and the bicycle. (g) Returning to Original Lane: The driver or operator of any motor vehicle driving on the roadways of South Bend shall not return to the original lane until the vehicle is safely clear of the bicycle(s). (h) Compliance with Applicable Regulations in this Chapter: All drivers, operators, and bicyclists are required to comply with the applicable regulations set forth in this Chapter. (i) Violations: Any one violating this Section shall be issued notice as further addressed in Section 20-17 of this Code. The minimum fine for violating the regulations addressing overtaking or passing a bicyclist as further addressed in Section 20-20-(a) (b) shall be fifteen dollars ($ 15.00) which shall be paid through the Office of the Ordinance Violations Bureau. Section II. If any part, subsection, sentence, clause or phrase of this ordinance is for any reason declared to be unconstitutional or otherwise invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. Section III. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor and legal publication. ...,"" 7.1 Council Member Gavin Ferlic Council Member at Large Member of the Common Council Council MemI er Tim Scott et District Council Member Mem er of the Corn 1 .n oun it i....„.....__,Council Member Valerie Schey I 3rd District Council Member Member of the Common Council Ordinance Addressing Overtaking or Passing a Bicyclist Page 3 attest: , John Voorde, City Cler efresented by me to Pete Buttigieg, the Mayor of the City of South Bend,Indiana, on the $2.4Lday of v-(. , 2013, at ( t s,(T o'clock < . m. (. cZ��•-cam Janice talboom, Deputy Clerk 4pprovei and's ynei by me on the 12. day of /44-0-1 H , 2013, at s o'clock r.m. Pete Buttigi Mayor of the City of South Bend, Indiana filed In Cle Mice 1Y REPDiNG � _' PUBLIC HEARING 3-IA-0 0,5 cu-a0-4 3 rd READING 3 Av....{3 etas ,4 w,4. NOT APPROVED /�,a J°414 sO "aeh1i>>iN REFERRED __ �/ PASSED 3—t l—43 &....s/ p3vti' City of South Bend W �\\EACE/j a ` ° Common Council � 1865 x•''�•, 441 County-City Building • 227 W.Jefferson Blvd (574) 235-9321 f��• South Bend,Indiana 46601-1830 Fax (574) 235-9173 http://vvvvvv.southbendin.gov Derek D. Dieter President Oliver J. Davis Vice-President May 11, 2012 Karen L. White Chairperson, Committee Members of the Common Council of the Whole 4th Floor County-City Building South Bend, Indiana 46601 Tim Scott First District Re: Substitute Bill No. 13-12 Henry Davis, Jr. Bicycle Safety Ordinance Second District Dear Council Members: Valerie Sch ey Third District I am filing a substitute version of Bill No. 13-12 which adds a new paragraph (g)to Section 20-20 addressing safety regulations when returning to the original lane. The Fred Ferlic remaining paragraphs have been re-lettered and remain the same as originally Fourth District proposed. David Varner Fifth District This language is similar to the language included in Senate Bill 0101 sponsored by Senator John Broden earlier this year. That Bill was referred to the Committee on Oliver J. Davis Corrections, Criminal and Civil Matters, and was not moved forward. Sixth District I look forward to discussing these proposed safety measures with you at the Health Derek D. Dieter and Public Safety Committee meeting on Monday. Thank you. At Large Gavin Ferlic Sincerely, At Large Karen L. White Gavin Ferlic At Large Council Member at Large South Bend Common Council cc: Office of the City Clerk in e MAI TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 13-12 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTION 20-20 OF ARTICLE 1, CHAPTER 20 VEHICLES AND TRAFFIC OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING SAFETY REGULATIONS WHEN PASSING BICYCLES Respectfully report that they have examined the matter and that in their opinion, this bill is being recommended to the full Council with a favorable recommendation as substituted by adding a new paragraph (g) to Section 20-20 addressing safety regulations when returning to the original lane. This bill was heard by the Health & Public Safety Committee. Karen L. White Chairperson, Committee of the Whole