Title
An Ordinance to Amend the Code of the City of Ann Arbor by Adding a New Section Which New Section Shall Be Designated as Section 10:18 of Chapter 126, Traffic, Title X, of Said Code (Ordinance No. ORD-16-27)
Memorandum
This ordinance amendment requires a motor vehicle driver who is passing a bicyclist, a pedestrian, or a wheelchair user on the roadway, to maintain a distance of at least 5 feet between his/her vehicle and these persons, if conditions allow.
Sections (1)-(4) and (7) specifically apply to motorists passing bicyclists. Section (1) applies on roads with two-way traffic where motorists and bicyclists are required to use the right side of the roadway. Section (1) also applies to one-way streets where a bicyclist is travelling on the right side of the street. Section (2) applies on one-way streets where bicyclists travelling in the same direction as motor vehicle traffic may use the left side of the street. Sections (3) and (4) apply on one-way streets that have contra-flow bicycle lanes that allow bicyclists to travel in the opposite direction of motor vehicle traffic. Section (7) defines the term “contra-flow bicycle lane.”
Sections (5) and (6) apply to motorists passing pedestrians and persons in wheelchairs, respectively.
Staff
Prepared by: Kristen Larcom, Senior Assistant City Attorney
Sponsored by: Councilmembers Briere, Smith, Warpehoski, Westphal and Mayor Taylor
Body
ORDINANCE NO. ORD-16-27
First Reading: November 21, 2016 Approved: December 5, 2016
Public Hearing: December 5, 2016 Published: December 8, 2016
Effective: January 7, 2017
TRAFFIC
AN ORDINANCE TO AMEND THE CODE OF THE CITY OF ANN ARBOR BY ADDING A NEW SECTION, WHICH NEW SECTION SHALL BE DESIGNATED AS SECTION 10:18 OF CHAPTER 126, TRAFFIC, TITLE X, OF SAID CODE.
.
The City of Ann Arbor Ordains:
Section 1: That Chapter 126, Traffic, of Title X of the Code of the City of Ann Arbor be amended to add a new section 10:18 to read as follows:
10:18. Safe passing of bicyclists, pedestrians, and persons in wheelchairs.
(1) Except as otherwise provided in this section, the driver of a motor vehicle, when passing a bicyclist who is proceeding on the roadway in the same direction as the vehicle, shall pass the bicyclist at a safe distance, which, shall be at least a five-foot separation between the right side of the driver's vehicle, including all mirrors or other projections, and the left side of the bicyclist.
(2) The driver of a motor vehicle, when passing a bicyclist who is lawfully proceeding on the left side of the roadway in the same direction as the vehicle, shall pass the bicyclist at a safe distance, which shall be at least a five-foot separation between the left side of the driver's vehicle, including all mirrors or other projections, and the right side of the bicyclist.
(3) The driver of a motor vehicle, when passing a bicyclist who is proceeding in the opposite direction of motor vehicle traffic on a one-way street and who is in a contra-flow bicycle lane on the left side of the street, shall pass the bicyclist at a safe distance, which shall be at least a five-foot separation between the left side of the driver's vehicle, including all mirrors or other projections, and the left side of the bicyclist.
(4) The driver of a motor vehicle, when passing a bicyclist who is proceeding in the opposite direction of motor vehicle traffic on a one-way street and who is in a contra-flow bicycle lane on the right side of the street, shall pass the bicyclist at a safe distance, which shall be at least a five-foot separation between the right side of the driver's vehicle, including all mirrors or other projections, and the right side of the bicyclist.
(5) The driver of a motor vehicle, when passing a pedestrian on the roadway, shall pass the pedestrian at a safe distance, which shall be at least a five-foot separation between the side of the vehicle nearest the pedestrian and the side of the pedestrian nearest the vehicle.
(6) The driver of a motor vehicle, when passing a person in a wheelchair on the roadway, shall pass the person at a safe distance, which shall be at least a five-foot separation between the side of the vehicle nearest the wheelchair and the side of the wheelchair nearest the vehicle.
(7) For purposes of this section, “contra-flow bicycle lane” means a bicycle lane that provides for bicycle travel in the opposite direction of motor vehicle traffic on a one-way street.
Section 2: In the event any court of competent jurisdiction shall hold any provision of this Ordinance invalid or unenforceable, such holding shall not invalidate or render unenforceable any other provision thereof.
Section 3: This Ordinance shall take effect thirty days after legal publication.
As Amended by Ann Arbor City Council on December 5, 2016.
C E R T I F I C A T I O N
I hereby certify that the foregoing ordinance was adopted by the Council of the City of Ann Arbor, Michigan, at its regular session of December 5, 2016.
Jacqueline Beaudry, City Clerk
Date
Christopher Taylor, Mayor
I hereby certify that the foregoing ordinance received legal publication on the City Clerk’s webpage on December 8, 2016.
Jacqueline Beaudry, City Clerk