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HomeMy WebLinkAboutOrdinance 5182 ORDINANCE NO, 5182 AN ORDINANCE TO ENACT ARTICLE XI OPERATION OF VEHICLES AND USE OF CITY TRAILS IN CHAPTER 71 TRAFFIC RULES OF THE FAYETTEVILLE CITY CODE WHEREAS, the City of Fayetteville has now constructed the backbone of the City Master Trails Plan, Scull Creek Trail as well as Mud Creek Trail, Lake Fayetteville Trail, and others; and WHEREAS, Scull Creek Trail and other City trails are experiencing unprecedented growth in use and accessibility by the citizens of Fayetteville; and WHEREAS, the increased use requires basic "rules of the road" to be established to promote safety and beneficial utilization for our citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 : That the City Council of the City of Fayetteville, Arkansas hereby amends Title VH Traffic Code and Chapter 71 Traffic Rules of the Fayetteville City Code by enacting a new Article XI Operation of Vehicles and Use of City Trails as follows: "ARTICLE XL Operation of Vehicles and Use of City Trails "§71 . 170 Restriction of Type of Vehicles Allowed on City Trails. "A. No golf carts or comparably sized vehicles nor any gas powered vehicles (except city maintenance or emergency vehicles) shall be driven or operated on Scull Creek Trail, Mud Creek Trail, Lake Fayetteville Trail or any other city trail. B. Skates, skateboards, and electrically powered scooters, bicycles, segways, etc. may be used on city trails only when their use does not create a safety hazard for pedestrians, wheelchairs or human powered bicycles." Page 2 Ord. No. 5182 "§71 . 170 Rules of the Road For Fayetteville Trails. "A. Pedestrians and joggers. Pedestrians, skaters and joggers should walk, skate or jog near the right side of the trail to accommodate faster runners, skaters, bicyclists, and faster traffic to pass on the left side of the lane." "B. Bicyclists, skaters, runners and others. Persons should ride their bicycles, segways, skateboards and scooters on the right side of the lane unless passing. Persons skating, riding bicycles, segways, skateboards, scooters and runners shall give an audible warning prior to passing slower traffic. Passers shall not cross the solid yellow line. Passers shall not cross the dashed yellow line if oncoming traffic is close enough that the passer cannot return to his/her lane before reaching oncoming traffic or if crossing the dashed yellow line causes any safety hazard." "C. Speed limit. "( 1 ) No person shall skate or ride his bicycle, segway, skateboard, scooter or other vehicle on a city trail at a speed greater than is reasonable and prudent under the conditions then existing." "(2) No person shall skate or ride his bicycle, segway, skateboard, scooter or other vehicle at a speed greater than 15 m.p.h. on a city trail." "(3) No person shall skate or ride his bicycle, segway, skateboard, scooter or other vehicle at a speed greater than 10 m.p.h. on a city trail when oncoming traffic is present or when passing traffic going the same direction. "(4) Persons skating or riding bicycles, segways, skateboards, scooters, or other vehicles on a city trail in such a manner as to indicate a reckless disregard for the safety of others shall not only be subjectto punishment set forth in § 10.99, but may have their right to skate or ride their vehicle upon the city trails suspended for up to one year. Any person violating a suspension period shall be guilty of a separate violation of this subsection." Page 3 Ord. No. 5182 RK/TR ''�... PASSED and APPROVED this the 7 day of October, 2008. ^�� e GAS Y O,c •• ,p a AYETTEVILLE : APPROVED: ATTEST: -9r"q �KANSP By: By: � DACOODY, Mayor SONDRA E. SMITH, City Clerk%Treasurer - , AGENDA REQUEST 62DrO f 7 a8 SI Sa ahD �l FOR: COUNCIL MEETING OF OCTOBER 7, 2008 (yq� 1 C FROM: KIT WILLIAMS, City Attorney ORDINANCE OR RESOLUTION TITLE AND SUBJECT: An Ordinance To Enact Article Xi Operation Of Vehicles And Use Of City Trails In Chapter 71 Traffic Rules Of The Fayetteville City Code APPROVED FOR AGENDA: Matt Mihalevich Date h6, S 1q. c�)S;> Gary Dumas Date 6L L4== Date / 2 �IKit WilliaDate City Attorney ENTERED 4ld�floa , ENTERED FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS KIT WILLIAMS, CITY ATTORNEY DAVID WHITAKER, ASST. CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE LEGAL DEPARTMENT TO: Dan Coody, Mayor City Council Matt Mihalevich , Trails Coordinator �/ FROM : Kit Williams, City Attorney DATE : September 24, 2008 RE: Operation of Vehicles and use of City Trails Scull Creek Trail ' s Grand Opening will be in October. With this opening of Fayetteville ' s major North/South trail connecting 6th Street all the way to the Mall area (and the Mud Creek Trail), our citizen ' s use of city trails will likely accelerate greatly. The growing utilization of our trails for transportation as opposed to only recreation requires that we enact some "Rules of the Road" to improve safety and accommodate the growing numbers of citizens desiring to bike our trails. Enclosed is a proposed ordinance that would enact some basic Rules of the Road for our city trails . The first provision continues our current policy of no internal combustion powered vehicles (except city maintenance or emergency vehicles), but now strengthens the ban by placing it in our Fayetteville Code which carries a penalty for a violation . The last time I was at Wilson Park I saw an adult (with a tot on board) riding a gas powered mini -scooter around the grass and a short distance on a trail . Last Sunday a gas powered moped and a gas powered scooter passed me on the Lake Fayetteville Trail . The City Council needs to act promptly to prohibit these noise and air polluting machines from our trails. I am not proposing to ban electrically powered wheelchairs, scooters, bikes, and segways. These do not pollute either the air or the quiet of the trails. The A.D.A. would probably prohibit banning wheelchairs and elderly electric scooters. Segways and electrically assisted or powered bicycles are a closer policy question that needs to be decided by the City Council . i left them in "only when their use does not create a safety hazard to pedestrians, wheelchairs or human powered bicycles." I did propose banning even powered golf carts and similarly sized vehicles which are too large for our city trails and are not legally permitted to be driven on city street (to access the trails). My reasons for allowing electrically powered bicycles, scooters, and segways are : ( 1 ) Compatibility — I believe if they are ridden prudently in compliance with the rest of this ordinance, they will not cause a safety problem. (2) Quiet operation — These are about as quiet as a human powered bike, and so will not disturb others using the trail . (3 ) No smoke or fumes — This helps make electric powered or assisted bikes more compatible and less intrusive. (4) Need — I believe a growing number of trail riders will be older citizens like me who would like to leave their cars in the garage and ride their bikes to the Mall or to work, but would appreciate a little help going up hilly streets to get to the Scull Creek Trail or even along it. We would likely utilize the City Trails much more for regular transportation if we did not have to sweat too much going to work or to shop. Younger, more in shape runners or cyclists might well want a more pure — human powered vehicle only — requirement for our trails. This is your decision and could be your policy with exceptions for wheelchairs and the small elderly scooters that A.D.A. would mandate. The proposed Rules of the Road are pretty basic and self explanatory. Slower traffic to the right, pass on the left only when it can be done safely, and avoid crossing the center yellow line. The first section under Speed limit is taken directly from §71 . 065 (A) General Speed Restrictions, substituting bikes for cars and trails for streets. The second section establishes an all the time top speed limit of 15 m.p.h . I realize many bicyclists will want to ride faster (especially when no oncoming traffic is visible), but our trail is much narrower than a city street and does not have the same sight distance lengths so curves can conceal oncoming traffic until its 2 pretty close. 15 m.p.h. equates to a mile every four minutes so the entire length of Scull Creek can be ridden pretty quickly at 15 m.p.h. Of course, this is only my suggestion, and the decision is yours. Please keep in mind that our current Traffic Rules limit cars on unmarked streets to 20 m .p.h. in a business district and 25 m.p.h . in residential districts. ( § 71 .065) I suggested lowering the top speed to 10 m.p.h . when oncoming traffic approaches (passing each other at a combined 20 m.p. h.) and when passing traffic going in your direction. I felt both of these situations were more dangerous than if no other traffic was being passed and so a slower speed was warranted. Finally, I have incorporated the language from the Reckless Driving provisions from our current code and suggested a possible one year suspension of the right to ride upon our trails for a biker, skater or skateboarder convicted of demonstrating a "reckless disregard for the safety of others . . . ." I think these are fairly straight forward and basic regulations for our growing trail network. I believe we need some regulations soon to ensure our trails remain safe with increasing use. No regulations will be perfect, and these will probably need amendments, additions, or deletions as we gain experience and knowledge about our citizens' use and enjoyment of our trail network. 3 ORDINANCE NO, AN ORDINANCE TO ENACT ARTICLE XI OPERATION OF VEHICLES AND USE OF CITY TRAILS IN CHAPTER 71 TRAFFIC RULES OF THE FAYETTEVILLE CITY CODE WHEREAS, the City of Fayetteville has now constructed the backbone of the City Master Trails Plan, Scull Creek Trail as well as Mud Creek Trail, Lake Fayetteville Trail, and others; and WHEREAS, Scull Creek Trail and other City trails are experiencing unprecedented growth in use and accessibility by the citizens of Fayetteville; and WHEREAS, the increased use requires basic "rules of the road" to be established to promote safety and beneficial utilization for our citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 : That the City Council of the City of Fayetteville, Arkansas hereby amends Title VII Traffic Code and Chapter 71 Traffic Rules of the Fayetteville City Code by enacting a new Article XI Operation of Vehicles and Use of City Trails as follows: "ARTICLE XL Operation of Vehicles and Use of City Trails "§71 . 170 Restriction of Type of Vehicles Allowed on City Trails. "A. No golf carts or comparably sized vehicles nor any gas powered vehicles (except city maintenance or emergency vehicles) shall be driven or operated on Scull Creek Trail, Mud Creek Trail, Lake Fayetteville Trail or any other city trail . "B. Skates, skateboards, and electrically powered scooters, bicycles, segways, etc. may be used on city trails only when their use does not create a safety hazard for pedestrians, wheelchairs or human powered bicycles. "§71 . 170 Rules of the Road For Fayetteville Trails. "A. Pedestrians and joggers. "Pedestrians, skaters and joggers should walk, skate orjog near the right side of the trail to accommodate faster runners, skaters, bicyclists, and faster traffic to pass on the left side of the lane. `B. Bicyclists, skaters, runners and others. "Persons should ride their bicycles, segways, skateboards and scooters on the right side of the lane unless passing. Persons skating, riding bicycles, segways, skateboards, scooters and runners shall give an audible warning prior to passing slower traffic. Passers shall not cross the solid yellow line. Passers shall not cross the dashed yellow line if oncoming traffic is close enough that the passer cannot return to his/her lane before reaching oncoming traffic or if crossing the dashed yellow line causes any safety hazard. "C. Speed limit. "( 1 ) No person shall skate or ride his bicycle, segway, skateboard, scooter or other vehicle on a city trail at a speed greater than is reasonable and prudent under the conditions then existing. "(2) No person shall skate or ride his bicycle, segway, skateboard, scooter or other vehicle at a speed greater than 15 m.p.h. on a city trail. "(3) No person shall skate or ride his bicycle, segway, skateboard, scooter or other vehicle at a speed greater than 10 m.p.h. on a city . trail when oncoming traffic is present or when passing traffic going the same direction. "(4) Persons skating or riding bicycles, segways, skateboards, scooters, or other vehicles on a city trail in such a manner as to indicate a reckless disregard for the safety of others shall not only be subject to punishment set forth in § 10.99, but may have their right to skate or ride their vehicle upon the city trails suspended for up to one year. Any person violating a suspension period shall be guilty of a separate violation of this subsection. PASSED and APPROVED this the 7`h day of October, 2008. APPROVED: ATTEST: By: By: DAN COODY, Mayor SONDRA E. SMITH, City ClerkfTreasurer It 10. 14.08 Clarice Pearman - Ord. 5182 Page 1 From: Clarice Pearman To: Williams, Kit Date: 10. 14.08 4:40 PM Subject: Ord. 5182 Attachments: 5182 Amend Chapter 71 Traffic Rules.pdf CC: Audit Kit: Attached is a copy of the above ordinance passed by City Council regarding the amending of Chapter 71. Please let me know if there is anything else needed for this item. Have a good day. Thanks. Garice Arkansas Democrat °W azettre Northwest Arkansas Times Benton County Daily Record P. O. BOX 1607 FAYETTEVILLE, AR 72702 PHONE : 479-571 -6421 AFFIDAVIT OF PUBLICATION I , Cathy Wiles, do solemnly swear that I am Legal Clerk of the Arkansas Democrat Gazette newspaper. Printed and published in Benton County Arkansas , (Lowell) and that from my own personal knowledge and reference to the files of said publication , the advertisement of: City of Fayetteville Ordinance 5182 October 14, 2008 PublicationCharge : $ 110 .78 Signed : __ l _ ` —______ Subscribed and sworn to before me This /y day of C�rt,� 2008. Notary Public � A: ✓ 0 EtoLitP . SARy' My Commission Expires: GI.�L U, � O � � y'•., PUBS-�ry:. Do not pay from Affidavit, an invoice will be sent Nciaco RECEIVED OCT 16 2008 CICITY CLERKS OFFICE E ORDINANCE NO. 5182 tede AN ORDINANCE TO ENAOT ARFICLE XI e CITY TAI OF VEHICLES AND USE OF CRT TRAILS IN CHAPTER 71 TRAFFIC RULES OF THE FAYETTEVILLE CITY CODE City `[ ARKANSAS WHEREAS, the City o Fayetteville has raw, can- siructetlthebackbonadMeCil Master Trails Ren, l Scull Creek Trail as well as Mud Creek Trait, Lake Fayetteville Trail, and others; and I WHEREAS, Scull Creek Trail antl other City trails are experiencing unprecedented growth in use ! 111 and accessibility by the rAizens of Fayetteville; and lit WHEREABr the increased use requires basic *miss of the mad* to be established to promote safe- ' y and beneficial utilization for our citizens. l; E NOWT THEREFORE, BE IT ORDAINED BT THE CITY COUNCIL OF THE CITY OF FAYETTEVILLEr ARKANSAS: Section 1: That the City Council d the City of Fayetteville. Arkansas hereby Amends Title VII Traffic Code and Chapter 71 Traffic Rules of the Fayeneville City Code by enacting a new Article XI Operation of Vehicles antl Use of City Trags as follows: I ARTICLE A. Operation At Vehicles and Use of City Trails li� 571.170 Raatrleflon of Type of Vehicles Allevired on CIH ha0,. A. No golf carts or comparably sized vehicles nor any gas powered vehicles (except city main- tenance or emergency vehicles) shall be driven or operated on Scull Creek Trail, Mud Creek Trail, Lake Fayetteville Trail ot any other city tag. 41 C. B. Skates, skateboards, and electrically poweretl scooters, bicycles, segways, etc. may be used on city Veils only when their use does not Create a safety hazard for pedestrians, wheelchairs or human powered bkycfes.' }� I. 571.170 RWaa of the ROM For FaTaft"Mo halls. 613 li A. Pedestrians and loggers. Pedestrians,skaters and loggers should walk, skate or pg near the right side of the trail to accom- modam faster runners, skaters, bicyclists, end faster traffic to pass on the left side or the lane.' B. Bicyclists, skaters, runners and others. MI6 Persons should ride their bicycles, segways, skateboards and =Were on the right side of the late unless passing. Persons skating, riding bicycles. segways, skateboards, scooters and comers shall give an Audible warning prior to passing slower traffic. Passers shall not cross the solid yellow fine. Passers shall not cross the dashed yellow line H oncoming traffic Is close enough that Ina passer cannot return to higher lane before reaching oncoming traffic or II crossing I the dashed yellow line causes any safety hazard.- a !If [ C. Speed limit. ! t (1) No person shall skate or ride his bicycle, segway, skateboard, scooter or other vanide on A city trail at a speed greater than is reasonable and pmdent under the conditions then existing.- (2) No person shall skate a ride his bkycle. segway, skateboard scooter or other vehicle at a speed greater than 15 m.p.h. on a city trailf 41� (S) No person shall skate or ntle his bicycle, segway skateboard, scorner or other vehicle at a speed greater than 10 m.p.h. on a city trail when oncoming traffic is present AT when passing traf- fic going the same direoticn. 111 (4) Persons skating AT doing bicycles, segways, skateboards, scooteis, or other vanishes on a city troll in such a manner as to indicate a reckless disregard for Me saferyof others shall not only be subject to punishment set forth in §10.99, but may have their right to skate or Title Meir vehicle upon the City trails suspended for up to one year. Any person violating a suspension period shall be guilty of a separate violation of this subsection.- tr PASSED and APPROVED this Me 7M day of October, 2008. 1II APPROVED: By: DAN GOODY, Mayor ATTEEh By: SONDRA E. SMITH, City ClarWreesurer 2; RECEIVED OCT 16 2008 CITY OF FAYETTEVILLE CITY CLERKS OFFICE