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HomeMy WebLinkAboutD-1699-04 Bike Lanes & TrailsSPONSOR: Council President Carter ORDINANCE NO. D-1699-04 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, ADDING CHAPTER 8, ARTICLE 4, SECTION 8-40 OF THE CARMEL CITY CODE WHEREAS, the Common Council of the City of Carmel, Indiana, has the fight and authority to establish traffic and parking regulations within the City's corporate limits in order to protect public health, safety and welfare; and WHEREAS, the Common Council now wishes to establish traffic and parking regulations regarding the City's designated bicycle lanes and trails. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana, as follows: Section 1. The foregoing Recitals are incorporated herein by this reference. Section 2. Chapter 8, Article 4, Section 8-40 should be and the same is hereby adopted and added to the Carmel City Code and shall read as follows: "Sec. 8-40 Bicycle Lanes and Trails. (a) Definitions. As used in this Section, the following terms have the following meanings: "Bicycle Trail" means a separate trail or path from which motor vehicles are prohibited and which has been designated by the City as being for the exclusive use of bicycles or the shared use of bicycles and pedestrians. Where such a trail or path forms a part of a highway, it shall be separated from motor vehicle traffic on said highway by an open space or barder. "Bicycle Lane" means that portion of a roadway or roadway shoulder which has been designated by the City as being for the exclusive use of bicycles and that is distinguished from the portion of the roadway that is to be used by motor vehicle traffic by a painted stripe, a curb or another similar bicyclist traffic control marking or device. 3. "Motor Vehicle" means any vehicle that is propelled in whole or in part by a motor or any mechanical or artificial means, but shall not include: a. A human-powered vehicle; or b. A "bicycle," as that term is defined in City Code Section 8-1; or Page One of Three Pages Prepared By Douglas C. Haney, Carmel City Attorney SPONSOR: Council President I ,~arter c. An electric personal assistance mobility device that constitutes a self balancing, two wheeled device designed to transport one (1) person with an electdc propulsion system with an average power of seven hundred fifty (750) watts or one (1) horsepower and that has a maximum speed of less than twenty (20) miles per hour when operated on a paved level surface powered solely by said propulsion system and is operated by a person weighing one hundred seventy (170) pounds; or d~ A Cii~ e. A City-authorized vehicle while engaged in the repair or maintenance of a Bicycle Trail or Bicycle Lane. (b) No person may park a Motor Vehicle in, on, across or upon a Bicycle Trail or a Bicycle Lane at any time. (c) No person may drive a Motor Vehicle in, on, across or upon a Bicycle Trail at any time. (d) No person may drive a Motor Vehicle, other than an "authorized emergency vehicle," as that term is defined in City Code Section 8-1, in, on, across or upon a Bicycle Lane except when the crossing of same is necessary in order for the Motor Vehicle to enter or exit a highway or adjacent property or to engage in intersectional travel. (e) No person may drive a Motor Vehicle in, on, across or upon a Bicycle Lane, as permitted by this Section, without first yielding the right-of-way and otherwise exercising due care in order to avoid colliding or interfering with human powered vehicles located within the Bicycle Lane. (f) Any person who violates subsection (b) of this Section shall be subject to a fine of Twenty Dollars ($20.00) for each such violation. Any person who violates any subsection other than subsection (b) of this Section shall be subject to a fine of not more than Five Hundred Dollars ($500.00) for each such violation." Section 3. All prior City ordinances or parts thereof that are inconsistent with any provision of this Ordinance are hereby repealed as of the effective date of this Ordinance. Section 4. If any portion of this Ordinance is for any reason declared to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portmns of tins Ordinance so long as enforcement of same can be given the same effect. Section 5. This Ordinance shall be in full force and effect from and after the date of its passage signing by the Mayor and such publication as is required by law. PASSED by the Common Council of the City of Cannel, Indiana, this /7'/-k)d~Y of '~. O..Ll' ') 2004, by a vote of I ayes and 0 nays. Ordinance No. D- 1699-04 Page Two of Three Pages Prepared By Douglas C. Haney, Carmel City Attorney SPONSOR: Council President +arter COMMON COLr~CIL FOR TI-~ CITrY"~ARMEJ~'I~NA/ ~ ~ h friths Fred~ ~~f~ ~ ~vin~_ - ~5'~ Brian Ma~ M~k Ratte~ Rich~d . Sh~ ATTE'~T: -- Diana L. Cordray,~' AM/~~reasurer ere, xented by me to klle Mayor of the City of Carmel, Indiana, this _f~d~y of _~ 2004, ai Diana L. Cordray, IAMC, ~/~k-Treasurer royedby me, Mayor of the City of Cannel, Indiana, thiJf day of (/~ 2004, at LE/~ O'clock,~. M. / //~ ~ / // JameS/nard, May/~r Diana L. Cordray, ~,~lerk-Treasurer Ordinance No. D-1699-04 Page Three of Three Pages Prepared By Douglas C. Haney, Carmel City Attorney