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