§ 18-36. Vulnerable road users.

(a)

In this section, a "vulnerable road user" means a person utilizing the roadway for travel including:

(1)

A pedestrian, a runner, a physically disabled person, a highway construction or maintenance worker, tow truck operator, a utility worker, or any other worker with legitimate business in or near the road or right-of-way, or a stranded motorist or passenger, or one assisting or providing aid to a stranded or injured motorist;

(2)

A person on horseback;

(3)

A person operating equipment other than a motor vehicle, including, but not limited to, a bicycle (including an electric bicycle), tricycle, hand-cycle, moped, horse-drawn conveyance, skateboarder, rollerblader, roller-skater, or a person operating a manual scooter, so long as any such equipment is legally operable on public streets; or

(4)

A person operating an electric personal assistive mobility device in compliance with the following requirements:

a.

A person may operate an electric personal assistive mobility device on a residential street, roadway, or public highway with a speed limit of thirty (30) miles per hour or less only:

1.

While making a direct crossing of a highway in a marked or unmarked crosswalk;

2.

Where no sidewalk is reasonably accessible; or

3.

When so directed by a traffic control device or by a law enforcement officer.

b.

A person may operate an electric personal assistive mobility device on a path set aside for use by bicyclists or pedestrians.

c.

Any person operating an electric personal assistive mobility device on a residential street, roadway, or public highway shall ride as close as practicable to the right-hand edge.

d.

Except as otherwise provided by this section, provisions of this section applicable to the operation of bicycles apply to the operation of electric personal assistive mobility devices.

(b)

In this section, a "motor vehicle" means a self-propelled vehicle or a vehicle that is propelled by electric power from overhead trolley wires. The term does not include an electric personal assistive mobility device.

(c)

Pedestrians, runners, and physically disabled persons shall utilize a sidewalk when reasonably available and accessible or, if none, shall travel against traffic as close as practicable to the edge of the roadway.

(d)

Vulnerable road users, as defined by subsections (a)(2), (a)(3) and (a)(4) above, shall comply with the requirements for bicycles set forth as follows:

(1)

Except as provided by subsection (2), a person operating a bicycle on a roadway who is moving slower than the other traffic on the roadway shall ride as near as practicable to the right curb or edge of the roadway, unless:

a.

The person is passing another vehicle moving in the same direction;

b.

The person is preparing to turn left at an intersection or onto a private road or driveway;

c.

A condition on or off the roadway, including a fixed or moving object, parked or moving vehicle, pedestrian, animal, or surface hazard prevents the person from safely riding next to the right curb or edge of the roadway; or

d.

The person is operating a bicycle in an outside lane that is:

1.

Less than fourteen (14) feet in width and does not have a designated bicycle lane adjacent to that lane; or

2.

Too narrow for a bicycle and a motor vehicle to safely travel side by side.

(2)

A person operating a bicycle on a one-way roadway with two (2) or more marked traffic lanes may ride as near as practicable to the left curb or edge of the roadway.

(3)

Persons operating bicycles on a roadway may ride two (2) abreast. Persons riding two (2) abreast on a laned roadway shall ride in a single lane. Persons riding two abreast may not impede the normal and reasonable flow of traffic on the roadway.

(e)

An operator of a motor vehicle passing a vulnerable road user operating on a highway or street shall:

(1)

Move to the left lane if the highway has two (2) or more marked lanes running in the same direction; or

(2)

Pass the vulnerable road user at a safe distance.

(f)

For the purpose of subsection (e)(2), when road conditions allow, safe distance is at least:

(1)

Three (3) feet if the operator's vehicle is a passenger car or light truck; or

(2)

Six (6) feet if the operator's vehicle is a truck, other than a light truck, or a commercial motor vehicle as defined by the V.T.C.A. Transportation Code § 522.003.

(g)

An operator of a motor vehicle that is making a left turn or a U-turn at an intersection, including an intersection with an alley or private road or driveway, shall yield the right-of-way to a vulnerable road user in all circumstances in which the operator would be required to yield right-of-way pursuant to the traffic law.

(h)

An operator of a motor vehicle may not overtake a vulnerable road user traveling in the same direction and subsequently make a right-hand turn in front of the vulnerable road user unless the operator is safely clear of the vulnerable road user in light of all conditions impacting safety.

(i)

An operator of a motor vehicle may not maneuver the vehicle in a manner that:

(1)

Is intended to intimidate or harass a vulnerable road user; or

(2)

Places the vulnerable road user at risk of unreasonable imminent bodily injury.

(j)

An operator of a motor vehicle shall exercise due care to avoid colliding with any vulnerable road user on a roadway including public rights-of-way.

(k)

A vulnerable road user on a roadway or public right-of-way shall exercise due care and comply with all applicable city ordinances and state statutes. It is a defense to prosecution under this section that at the time of the offense, the vulnerable road user was acting in violation of state law or local ordinances.

(Ord. No. 2011-046, § 1, 4-5-11)