HomeMy WebLinkAboutOrdinance 5829N
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113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 5829
File Number: 2015-0463
AMEND § 73.04 RIDING ON ROADWAYS AND BICYCLE PATHS AND § 73.05
RIDING ON SIDEWALKS:
AN ORDINANCE TO AMEND § 73.04 RIDING ON ROADWAYS AND BICYCLE PATHS TO
PROVIDE FOR THE SAFE OPERATION OF BICYCLES ON ROADWAYS AND BICYCLE PATHS,
AND TO AMEND § 73.05 RIDING ON SIDEWALKS TO PROVIDE FOR THE SAFE OPERATION OF
BICYCLES ON SIDEWALKS
WHEREAS, the Northwest Arkansas Bicycle and Pedestrian Master Plan and the League of American
Bicycles recommend the passage of local ordinances encouraging the safe operation of bicycles on roadways
and in dedicated bike lanes, rather than sidewalks, for the safety of bicyclists and pedestrians.
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 repeals §73.04 of the
Fayetteville City Code and enacts a replacement § 73.04 as follows:
"73.04 Riding on Roadways and Bicycle Facilities
(A) Any person operating a bicycle upon a roadway at less than the normal and reasonable speed of traffic
shall ride in the right hand lane of the roadway subject to the following provisions:
1. If the right hand lane is wide enough to be safely shared with overtaking vehicles, a person operating
a bicycle shall ride far enough to the right as judged safe by a reasonable bicyclist to facilitate the
movement of such overtaking vehicles unless other conditions make it unsafe to do so.
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File Number: 2015-0463
2. A person operating a bicycle may use a lane other than the right hand lane when:
i. Passing another vehicle;
ii. Preparing for a left turn;
iii. Avoiding conditions, including, but not limited to, fixed or moving objects, or surface hazards;
iv. Lanes are too narrow for a bicycle and vehicle to travel safely side by side;
v. Approaching an intersection where there is a designated right turn lane and the bicyclist does not intend
to turn right, the cyclist may ride on the left-hand side of such designated lane;
vi. Riding on a roadway designated for one-way traffic, when the bicyclist may ride as near to the
left-hand curb or edge of such roadway as judged safe by the bicyclist; or
vii. Riding on parts of roadways designated for bicycles..
(B) A bicyclist shall not be expected or required to:
1. Ride over or through any hazards or apparent hazards.
2. Ride without a reasonable safety margin on the right-hand side of the roadway.
(C) A person operating a bicycle in compliance with this section and not violating any other section of law is
not impeding traffic."
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 73.05 of the
Fayetteville City Code and enacts a replacement § 73.05 as follows:
"73.05 Riding on Sidewalks
(A) Any individual operating a bicycle upon a sidewalk shall yield the right-of-way to pedestrians and shall
give an audible signal before overtaking and passing a pedestrian.
(B) No person shall operate a bicycle upon a sidewalk which abuts a building, when riding on the sidewalk
would endanger pedestrians, or where operation of a bicycle on a sidewalk is prohibited by an official traffic
control device.
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File Number: 2015-0463
(C) Any individual operating a bicycle within a pedestrian crosswalk must yield the right-of-way to motor
vehicle traffic and pedestrians. To earn the protections of a pedestrian, an individual must dismount, walk
the bicycle and obey applicable traffic control devices."
PASSED and APPROVED on 12/15/2015
Attest:
Lisa Branson, Deputy City Clerk
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FAYETTEVILLE : ti
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Page 3 Printed on 12/17/15
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
as (479) 575-8323
Text File
File Number: 2015-0463
Agenda Date: 12/15/2015 Version: 1 Status: Second Reading
In Control: City Council Meeting File Type: Ordinance
Agenda Number: B. 2
AMEND § 73.04 RIDING ON ROADWAYS AND BICYCLE PATHS AND § 73.05 RIDING ON
SIDEWALKS:
AN ORDINANCE TO AMEND § 73.04 RIDING ON ROADWAYS AND BICYCLE PATHS TO
PROVIDE FOR THE SAFE OPERATION OF BICYCLES ON ROADWAYS AND BICYCLE
PATHS, AND TO AMEND § 73.05 RIDING ON SIDEWALKS TO PROVIDE FOR THE SAFE
OPERATION OF BICYCLES ON SIDEWALKS
WHEREAS, the Northwest Arkansas Bicycle and Pedestrian Master Plan and the League of American
Bicycles recommend the passage of local ordinances encouraging the safe operation of bicycles on
roadways and in dedicated bike lanes, rather than sidewalks, for the safety of bicyclists and pedestrians.
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 repeals § 73.04 of the
Fayetteville City Code and enacts a replacement § 73.04 as follows:
"73.04 Riding on Roadways and Bicycle Facilities
(A) Any person operating a bicycle upon a roadway at less than the normal and reasonable speed of
traffic shall ride in the right hand lane of the roadway subject to the following provisions:
1. If the right hand lane is wide enough to be safely shared with overtaking vehicles, a person operating
a bicycle shall ride far enough to the right as judged safe by a reasonable bicyclist to facilitate the
movement of such overtaking vehicles unless other conditions make it unsafe to do so.
2. A person operating a bicycle may use a lane other than the right hand lane when:
i. Passing another vehicle;
ii. Preparing for a left turn;
iii. Avoiding conditions, including, but not limited to, fixed or moving objects, or surface hazards;
iv. Lanes are too narrow for a bicycle and vehicle to travel safely side by side;
City of Fayetteville, Arkansas Page 1 Printed on 12/16/2015
File Number. 2015-0463
v. Approaching an intersection where there is a designated right turn lane and the bicyclist does not
intend to turn right, the cyclist may ride on the left-hand side of such designated lane;
vi. Riding on a roadway designated for one-way traffic, when the bicyclist may ride as near to the
left-hand curb or edge of such roadway as judged safe by the bicyclist; or
vii. Riding on parts of roadways designated for bicycles.
(B) A bicyclist shall not be expected or required to:
1. Ride over or through any hazards or apparent hazards.
2. Ride without a reasonable safety margin on the right-hand side of the roadway.
(C) A person operating a bicycle in compliance with this section and not violating any other section of
law is not impeding traffic."
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 73.05 of the
Fayetteville City Code and enacts a replacement § 73.05 as follows:
"73.05 Riding on Sidewalks
(A) Any individual operating a bicycle upon a sidewalk shall yield the right-of-way to pedestrians and
shall give an audible signal before overtaking and passing a pedestrian.
(B) No person shall operate a bicycle upon a sidewalk which abuts a building, when riding on the
sidewalk would endanger pedestrians, or where operation of a bicycle on a sidewalk is prohibited by an
official traffic control device.
(C) Any individual operating a bicycle within a pedestrian crosswalk must yield the right-of-way to
motor vehicle traffic and pedestrians. To earn the protections of a pedestrian, an individual must
dismount, walk the bicycle and obey applicable traffic control devices."
City of Fayetteville, Arkansas Page 2 Printed on 12/16/2015
City of Fayetteville Staff Review Form
2015-0463
'Legistar File ID
11/17/2015
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Dane Eifling
Submitted By
10/16/2015 Chief of Staff
Submitted Date Division / Department
Action Recommendation:
Staff recommends amending the City Code Chapter 73: Bicycles, regarding enforcement of signage on trails, riding
bicycles on roadways, mandatory side -path use, and riding on sidewalks.
Budget Impact:
Account Number
Project Number
Budgeted Item? NA Current Budget
Funds Obligated
Current Balance
Fund
Project Title
Does item have a cost? No Item Cost
Budget Adjustment Attached? No Budget Adjustment
Remaining Budget IS
V20140710
Previous Ordinance or Resolution #
Origina► Contract Number:
Comments:
Approval Date:
CITY OF 'tt`1
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ARKANSAS
MEETING OF NOVEMBER 17th, 2015
TO: Mayor and City Council
CITY COUNCIL AGENDA MEMO
THRU: Peter Nierengarten, Sustainability and Resilience Department Director
FROM: Dane Eifling, Bicycle Programs Coordinator
DATE: October 16, 2015
SUBJECT: Bicycle Ordinance Amendments: Submitted by Staff for the City Council to
amend Chapter 73: Bicycles, regarding riding bicycles on roadways, mandatory side -path use,
and riding on sidewalks.
RECOMMENDATION:
Staff recommends repealing and replacing City Code 73.04: Riding On Roadways And Bicycle
Paths and repealing and replacing City Code 73.05: Riding On Sidewalks.
BACKGROUND:
The City of Fayetteville has a mandatory side path law that requires cyclists to use a side path
where provided instead of riding on the road. Cyclists and safety advocates are encouraging
communities to move away from these laws because cyclists should have an equal right to
share the road and riding on the road is almost always safer for cyclists and pedestrians. Riding
on a side path can be unsafe, particularly when sharing the side path with pedestrians.
Mandatory side path laws were enacted in the 1960's and today these laws are commonly being
replaced at the state and local level. Currently, only seven states have mandatory side path
laws. The State of Arkansas does not have a mandatory side path law; however, Fayetteville
does have a city ordinance (73.04, adopted in 1965) which mandates side path use. In
accordance with the recommendations from the Northwest Arkansas Bicycle and Pedestrian
Master Plan and the League of American Bicyclists the City of Fayetteville Staff recommends
repealing and replacing City Ordinance 73.04 "Riding On Roadways And Bicycles Paths".
Currently, the City of Fayetteville also has a somewhat confusing law, Chapter 73.05 Riding On
Sidewalks, which regulates where it is legal and/or illegal to ride a bicycle on a sidewalk. Staff
proposes to clarify where it is permissible to ride a bicycle on a sidewalk and where to restrict
riding on a sidewalk.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
DISCUSSION:
Engineering, Education, Encouragement, Evaluation & Planning and Enforcement- these are
essential elements across five categories — known as the Five E's — that are consistent in
making great places for active transportation. The fifth "E" Enforcement is critically import to
help ensure the safety of our roadways, trails and sidewalks. This package of ordinance items
addresses some of the relevant enforcement issues in Fayetteville. These two policy items have
been identified for repeal and replacement, through recommendations from City of Fayetteville
Staff, The Northwest Arkansas Bicycle and Pedestrian Master Plan and the League of American
Bicyclists Bicycle Friendly Community feedback process. On September 2nd 2015 the
Fayetteville Active Transportation Advisory Committee voted unanimously to forward these
items to the City Council with a recommendation for approval.
BUDGET/STAFF IMPACT:
No budget impact
Attachments:
Exhibit "A", Chapter 73.04 Riding On Roadways And Bicycle Paths Amendments
Exhibit "B", Chapter 73.05 Riding On Sidewalks
Walk Bike Northwest Arkansas Program & Policy Recommendations for Fayetteville
Feedback from the League of American Bicyclists Bicycle Friendly Community, 2014 Application
Exhibit "A"
73.04 Riding On Roadways And On -Street Bicycle Facilities
a. Any person operating a bicycle upon a roadway at speeds slower than the
flow of traffic shall ride in the right hand lane as far to the right as judged
safe to facilitate the safe movement of overtaking vehicles. A bicyclist may
leave this position to turn left, pass, for any safety reasons or if the right-
most lane is a dedicated right turn lane.
b. Whenever a usable on -street bicycle facility exclusively for the use of
bicyclists is provided within the roadway, all bicyclists shall use such on -
street bicycle facility and only use vehicle lanes of the roadway as needed
to turn left, pass, or for safety reasons.
c. A bicyclist shall not be expected or required to:
i. Ride over or through any hazards or apparent hazards at the edge
of a roadway
ii. Ride without a reasonable safety margin on the right-hand side of
the roadway.
d. Persons riding bicycles upon a roadway shall not ride more than two
abreast. Persons riding bicycles two abreast shall not unduly impede the
normal movement of traffic and shall ride within a single lane.
Exhibit "B"
73.05 Riding On Sidewalks
(1) Any individual operating a bicycle upon a sidewalk shall yield the right-of-way
to pedestrians and shall give an audible signal before overtaking and passing a
pedestrian.
(2) No person shall operate a bicycle upon a sidewalk which abuts a building or
where operation of a bicycle on a sidewalk is prohibited by an official traffic control
device.
(3) Any individual operating a bicycle within a pedestrian crosswalk must yield the
right-of-way to motor vehicle traffic and pedestrians. To gain all the protections of
a pedestrian, an individual may dismount and walk a bicycle and obey applicable
traffic control devices.
FAYETTE
AR
9
jcaIi 2O14
Our Bicycle Friendly Community review panel
was very pleased to see the current efforts and
dedication to make Fayetteville a safe,
comfortable and convenient place to bicycle.
Below, reviewers provided recommendations to
help you further promote bicycling in
Fayetteville. Key recommendations are
highlighted in bold.
We strongly encourage you to use this feedback
to build on your momentum and improve your
community for bicyclists.
There may also be initiatives, programs, and
facilities that are not mentioned here that
would benefit your bicycling culture, so please
continue to try new things to increase your
ridership, safety, and awareness.
The cost of bicycle facilities and possible
funding options are discussed on the last page
of this report.
Engineering
Adopt a more comprehensive Complete
Streets policy that also addresses
retrofitting existing roads with context
sensitive bike/ped infrastructure, and
offer implementation guidance.
Develop and implement streetscape design
guidelines that foster a pleasant and
comfortable environment for pedestrians and
cyclists. Beautiful streetscaping has also shown
to increase community livability and pride,
reduce crime and increase property values.
Pass an ordinance that would require larger
employers to provide shower and locker
facilities.
Continue to increase the amount of high
duality bicycle parldng throughout the
community, especially at commercial
buildings. Ensure that people arriving by
bicycle have a secure and legal place to
lock their bikes at popular destinations.
Continue to expand the bike network,
especially along arterials, through the
use of different types of bicycle facilities,
and to increase connectivity between
neighborhoods and paved trails. On
roads where automobile speeds exceed
25 mph, it is recommended in your local
context to provide protected bicycle
infrastructure such as cycle tracks,
buffered bike lanes or parallel loft wide
shared -use paths. Note that shared lane
markings should be used sparingly and only on
low speed roads. On -street improvements
coupled with the expansion of the off-street
system will encourage more people to cycle and
will improve safety. Ensure smooth and
comfortable transitions for bicyclists between.
the local and regional trail network, and the
street network. These improvements will also
increase the effectiveness of encouragement
efforts by providing a broader range of facility
choices for users of various abilities and
comfort levels.
Encouragement
Make intersections safer and more
comfortable for cyclists. Include elements
such as color, signage, medians, signal
detection, and pavement markings. The level of
treatment required for bicyclists at an
intersection will depend on the bicycle facility
type used, whether bicycle facilities are
intersecting, the adjacent street function and
land use. See the NATO intersection design
guidelines (preferred) and the 2012 AASHTO
Guide for the Development of Bicycle Facilities
for recommended intersection treatments.
Schools and the surrounding
neighborhoods should be particularly
safe and convenient for biking and
-walking.
Education
Work with your local bicycle groups or
interested parents to expand the Safe
Routes to School program to K -211d grade
with balance bikes.
Offer a greater variety of bicycling skills
training opportunities for adults or
encourage your local bicycle advocacy group or
bike shop to help. There are options from short
videos and 1-2 hour courses to more in-depth
training incorporating in -classroom and on -
bike instruction. Other education materials,
such as the League Quick Guide, offer the
opportunity to share bike education in an easily
accessible format. For more information visit:
http://bikeleague.org/ridesmart.
Continue to expand encouragement
efforts during Bike Month in partnership
with local bicycle advocacy groups. Host,
sponsor and encourage more bicycle-themed
community events, campaigns and programs.
Increase your efforts on Bike to Work Day and
Bike to School Day. Ensure to widely advertise
all bicycle-themed community events and
programs. For ideas and more information, visit
http:i/bikeleague.org/bikemonth.
Consider offering a Ciclovia' or Open Streets
type event, closing off a major corridor to auto
traffic and offering the space to cyclists and
pedestrians. See Open Streets in action.
Promote cycling throughout the year by
offering or supporting more family -
oriented community and charity rides,
free bike valet parking at events, and
bicycle -Chemed festivals, parades or
shows.
Launch a bike share system that is open to the
public. Bike sharing is a convenient, cost
effective, and healthy way of encouraging locals
and visitors to make short trips by bike and to
bridge the "last mile" between public transit and
destinations. See what is being done across the
country at http://nacto.org/bikeshare/
Encourage local businesses and
organizations to promote cycling to their
employees and customers and to seek
recognition through the Bicycle Friendly
Business program. Businesses will profit
from a healthier, happier and more productive
workforce while the community will benefit
from less congestion, better air quality,
increased amenities and new destinations for
cyclists, new and powerful partners in
advocating for bike infrastructure and
programs, and business -sponsored public bike
events or classes. Your chamber of commerce or
local business association can help promote the
program and its benefits. The League offers
man,, tools to help promote the Bicycle Friendly
Business program in your community.
Encourage the University of Arkansas to
promote cycling to students, staff, and
faculty and to seek recognition through
the Bicycle Friendly University program.
Many colleges and universities have embraced
the growing enthusiasm for more bicycle -
friendly campuses by incorporating bike share
programs, bike co-ops, bicycling education
classes and policies to promote bicycling as a
preferred means of transportation. The
community will benefit as well: Communities
near BFUs have a higher number of regular
bicyclists (as many students bike to campus,
shops and restaurants), less congestion around
campus, safer streets, and university -hosted
public bicycle events, programs, and
classes. The League offers many tools to help
promote the Bicycle Friendly University
program in your community.
Enforcement
Ask police officers to target both motorist and
cyclist infractions to ensure that laws are being
followed by all road users. Ensure that
bicycle/motor vehicle crashes are investigated
thoroughly and that citations are given fairly.
Pass additional ordinances that protect
cyclists, e.g. make it illegal to park or drive in a
bike lane (intersections excepted), implement
penalties for motor vehicle users that `door'
cyclists, ban cell phone use while driving, and
pass laws/ordinances protecting all vulnerable
road users. Ensure that local law enforcement
received training on any new bicycle -related
laws.
Repeal the local law that requires cyclists to use
bike lanes when provided.
Have your Bicycle Advisory Committee
meet monthly and review all road and
construction projects, to step up your
Bicycle Friendly Community efforts.
Update your 2003 and 2009 alternative
transportation and trail plans to ensure
that state-of-the-art bicycle
recommendations are included.
Regularly conduct research on bicycle usage
beyond the U.S. Census' Journey to Work
report to more efficiently distribute resources
according to demand. Conduct at least yearly
counts using automated or manual counters in
partnership with advocacy organizations.
Consider participating in the National Bicycle
and Pedestrian Documentation Project.
Ensure that your bicycle counts capture the
gender of cyclists. If women ride significantly
less than men, this gender gap can be addressed
through infrastructure improvements, and
targeted education and encouragement efforts.
Learn more at bikeleague.org/womenbike.
funding sources for bicycle and pedestrian
improvements.
Establish a mechanism that ensures that bicycle
facilities and programs are implemented in
traditionally underserved neighborhoods.
Costs
Building a new roadway for motor vehicles can
cost millions of dollars to construct, and many
of the pedestrian and bicycle infrastructure
facilities are extremely low-cost in comparison.
Use this database to review up-to-date
estimates of infrastructure costs of pedestrian
and bicycle treatments from states and cities
across the country.
Since 1992 bicycle and pedestrian projects
have been eligible for federal transportation
funding. To learn more about what federal
funds are available for bicycle projects, use
Advocacy Advance's interactive Find it, Fund it
tool to search for eligible funding programs by
bike/ped project type or review the same
information as a PDF here.
State Funthng
Biking and walking dollars aren't only available
from the federal government. States can also
have their own revenue sources that can be used
to fund active transportation. Use this report
and an online tool to explore your state's
i*iUm4fl
Local governments can also create their own
revenue streams to improve conditions for
bicycling and walking. Three common
approaches include: special bond issues,
dedications of a portion of local sales taxes or a
voter -approved sales tax increase, and use of
the annual capital improvement budgets of
Public Works and/or Parks agencies. Bicycle
facility improvements can also be tagged on to
larger projects to create economies of scale that
results in reduced costs and reduced impacts to
traffic, businesses, and residents. For example,
if there is an existing road project, it is usually
cheaper to add bike lanes and sidewalks to the
project than to construct them separately. To
learn more about public funding of bicycle
infrastructure improvements, visit
pcdbikeinfo.org/planning/funding governmen
t.cfm.
Advocacy Advance offers several tools,
resources, and workshops to help advocates and
agency staff maximize eligible funding
programs.
fit. Policy Recommendations WALK BIKE NORTHWEST
Update the Master Street Plan to reflect best practices in bicycle facility design,
Short City of Fayetteville
considering innovative designs such as cycle tracks and buffered bike lanes.
......................................................................................................................................................................................................................_....................._....-....._.................................._........._.........................................................__.._
................. ......-....................................................................._.._......................................
Coordinate with AHTD on bicycle and pedestrian infrastructure on state roads
Short City of Fayetteville, AHTD
through the City. Include protected bike lanes on highways 35 mph and above.
ADA Transition Plans
Medium City of Fayetteville
Transportation Planning and Land Use Planning Considerations
Long NWARPC, City of Fayetteville
Increase the amount of high quality bicycle parking throughout the community.
Expand the street bike network and increase network connectivity.
Safe Routes to School
Medium City of Fayetteville Schools, BCO
Each school should adopt Safe Routes to School plan
Education campaign including motorists, walkers/runners, and bicyclists Medium NWARPC, Northwest Arkansas —
.....................................................................................................................................................................................................................-.......................................................................................................................................................... .
Council, City of Fayetteville
Continue to expand education programming from elementary school (currently) to Medium City of Fayetteville, BCO
middle school and high school
Razorback Regional Greenway Transportation Promotion
.............................................................................................................................................._......._...................................................................................._.............................................................._......................................._........_...................................._.
Short
NWARPC, Northwest Arkansas
Council, City of Fayetteville
...........................................--................................................_....................
Equity Oriented Programs
Short
NWARPC, Northwest Arkansas
Council
Northwest Arkansas Council, City
Open Streets Events
Medium
of Fayetteville, BCO, local bike
shops
Bicycle Friendly Business Program
Short
City of Fayetteville, BCO
Additional staff for expanded responsibilities involved with outreach
Short
City of Fayetteville
Support more family -oriented community or social rides, and bicycle-themed Medium City of Fayetteville, BCO
festivals, parades or shows
........................................................................................................................................................._.............................................................................................._............................................................................................._......................................................................................_................................._ ............................
Encourage the University of Arkansas to promote cycling to students, staff, and Medium City of Fayetteville, BCO, U of A
faculty and to seek recognition through the Bicycle Friendly University Program
Repeal the mandatory sidepath law.
Medium City of Fayetteville
Non -mandatory bike registration and bike recovery assistance
Annual Meeting with Police, Planners and Engineers to Evaluate Collision Trends, Medium City of Fayetteville
Infrastructure Needs and Areas for Targeted Enforcement
.__ . __.. . ........ City
............. .. ........ ........ ..
Bicyclist and Motorist Ticket Diversion Program Long of Fayetteville Law
Enforcement
Annual trail and bikeway use counts Short City of Fayetteville
Work with AHTD to execute bicycle & pedestrian planning and evaluation on Short City of Fayetteville, AHTD
state roadways through Fayetteville
--------------------- ---------------- -------- ------------------
Walking, Bicycling and Trails Report Card Medium City of Fayetteville
Economic Impact Report for Razorback Regional Greenway and Trails
Bicycle and Walking Tourism Strategy
Medium Northwest Arkansas Council, City
of Fayetteville
.......:................................:...............................................................................................................................................:
Medium Northwest Arkansas Council, City
of Fayetteville
Individual Community Action Plans 6-55
CITY OF
'ttt1e
ARKANSAS
TO: Mayor and City Council
CITY COUNCIL AGENDA MEMO
FROM: Peter Nierengarten, Sustainability and Resilience Department Director
CC: Don Marr, Chief of Staff
Dane Eifling, Bicycle Programs Coordinator
DATE: October 30, 2015
SUBJECT: Bicycle Ordinance Amendments: Chapter 73.04: Riding on Roadways and
Bike Lanes
RECOMMENDATION:
Based on feedback from the League of American Bicyclists, Staff recommends amendments to
the originally proposed changes to Chapter 73.04: Riding On Roadways And Bike Lanes.
BACKGROUND:
At the request of Fayetteville City Staff and the Mayor, the City Attorney's office prepared
amendments to Chapter 73.04 regarding riding bicycles on roadways. City Staff shared the
drafted amendments with the League of American Bicyclists and asked for feedback on how the
proposal might improve safety for Active Transportation and affect Fayetteville's Bicycle Friendly
Community Application.
DISCUSSION:
The attached letter from the League of American Bicyclist Legal & Policy Specialist, Ken
McLeod suggests that the proposed ordinances amendments are a positive step forward, but
could be stronger by more explicitly addressing the needs of bicyclists by incorporating:
• The viewpoint of a "reasonable bicyclists" when deciding what is "safe' for the purpose of
the ordinance
• Guidelines that help define what is meant by "safety reasons"
In addition Staff recommends that ordinance references to "bicycle lanes" be replaced with "on -
street bicycle facilities exclusively for the use of bicyclists," in order to be consistent with
language in Fayetteville's Active Transportation Plan.
Staff has worked with the City Attorney's Office to prepare an amended version of the ordinance
that incorporates these items.
Attachments:
• Amended Ordinance Chapter 73.04: Riding on Roadways And Bicycle Facilities
• Feedback Letter from the League of American Bicyclists, Legal & Policy Specialist, Ken
McLeod
Fayetteville Active Transportation Plan — On -Street Bicycle Facilities
Fayetteville Active Transportation Plan Map
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
ORDINANCE NO.
AN ORDINANCE TO AMEND § 73.04 RIDING ON ROADWAYS AND BICYCLE PATHS
TO PROVIDE FOR THE SAFE OPERATION OF BICYCLES ON ROADWAYS AND
BICYCLE PATHS, AND TO AMEND § 73.05 RIDING ON SIDEWALKS TO PROVIDE FOR
THE SAFE OPERATION OF BICYCLES ON SIDEWALKS
WHEREAS, the Northwest Arkansas Bicycle and Pedestrian Master Plan and the League of
American Bicycles recommend the passage of local ordinances encouraging the safe operation of
bicycles on roadways and in dedicated bike lanes, rather than sidewalks, for the safety of bicyclists
and pedestrians.
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 repeals § 73.04 of
the Fayetteville City Code and enacts a replacement § 73.04 as follows:
"73.04 Riding on Roadways and Bicycle Facilities
(A) Any person operating a bicycle upon a roadway at a speed slower than the flow of traffic
shall ride in the right hand lane as far to the right as is judged safe by a reasonable bicyclist. A
bicyclist may leave this position to turn left, pass, or for any safety reasons.
(B) Bicyclists shall use on -street bicycle facilities exclusively for the use of bicyclists when
available, and may only use vehicle lanes as needed to turn left, pass, or for any safety reasons.
(C) A bicyclist shall not be expected or required to:
i. Ride over or through any hazards or apparent hazards at the edge of a roadway.
ii. Ride without a reasonable safety margin on the right-hand side of the roadway.
(D) Persons riding bicycles upon a roadway shall not ride more than two abreast. Persons
riding bicycles two abreast shall not unduly impede the normal movement of traffic and shall ride
within a single lane."
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 73.05 of
the Fayetteville City Code and enacts a replacement § 73.05 as follows:
"73.05 Riding on Sidewalks
(A) Any individual operating a bicycle upon a sidewalk shall yield the right-of-way to
pedestrians and shall give an audible signal before overtaking and passing a pedestrian.
(B) No person shall operate a bicycle upon a sidewalk which abuts a building, when riding on
the sidewalk would endanger pedestrians, or where operation of a bicycle on a sidewalk is
prohibited by an official traffic control device.
(C) Any individual operating a bicycle within a pedestrian crosswalk must yield the right-of-
way to motor vehicle traffic and pedestrians. To earn the protections of a pedestrian, an individual
must dismount, walk the bicycle and obey applicable traffic control devices.
PASSED and APPROVED this 17th day of November, 2015.
APPROVED: ATTEST:
By:
By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
Leading the movement to create fd bicycle IL'3 'Y?t . 7/men ca/1r everyone
1612 It STREET NW, SUITE 308, WASHINGTON, DC 20006 (ph'ae 202.822.1333 (fax 202122-13341 WWW,BIKELE.AGUE.QRG
The City of Fayetteville
113 West Mountain Street
Fayetteville, Arkansas 72701
October 28, 2015
Dear Mayor Jordan and Fayetteville City Council:
The Bicycle Friendly Community program decides community award levels based upon a
comprehensive evaluation of community engineering, education, encouragement, enforcement
and evaluation & planning activities. I have been asked to provide an opinion on how recently
proposed changes to Fayetteville's Traffic Code might affect its Bicycle Friendly Community
application.
The proposed ordinance, particularly with some clarification, is likely to significantly improve
Fayetteville's earned points in the Enforcement category of its Bicycle Friendly Community
application. The average applying community earns 15 points in the Enforcement category
based on the efforts of the community's law enforcement and the local laws that affect bicycling
within the community. Fayetteville's proposed ordinance would significantly affect several areas
that negatively affected its scoring in the enforcement category in its prior application.
Depending upon the final adopted language, the proposed ordinance could result in an
improvement of 1.5 points for the Enforcement category, or a 10% increase in points awarded
from Fayetteville's last application in the fall of 2014.
The version of Fayetteville's bicyclist ordinance shared with me takes a positive step by enabling
bicyclists to make safer choices about where to ride based upon the actual conditions of a
roadway and their needs based upon their speed and route. However, it could be stronger and
more explicitly address the needs of bicyclists in a number of ways. The League of American
Bicyclists has recently publicized three model laws that are meant to serve as guides for
communities seeking to improve bicycling -related laws. Gaining points in our Bicycle Friendly
Community application is not predicated on adopting these model laws without changes that
reflect local contact and preference. However, they are illustrative of the goals we believe are
important while writing bicycle -related laws. This memo is meant to provide guidance on how
the League of American Bicyclists believes the proposed ordinance could be improved.
73.04(A) could incorporate more of our model where to ride law. In particular, it could be made
stronger by incorporating:
1. A clarification that the viewpoint of a bicyclist, it could be termed a "reasonable
bicyclist," will be the view considered when deciding what is "safe" for purposes of the
ordinance. This clarification is important to counter any bias caused by many law
enforcement officers, judges, and potential members of a jury not being familiar with
bicycling upon roadways.
Rated by Chanty \Tauigator as a four -star charity I CFC # 11563
2. Some guidelines for what is meant by "safety reasons." In our model law, this is done in
part by providing conditions that a person operating a bicycle shall not be expected or
required to ride over or through. These guidelines are important so that law
enforcement officers and the general public understand what is expected by requiring a
bicyclist to ride "far to the right." It creates conditions where a bicyclist can show those
conditions in order to justify their behavior rather than being required to show that their
behavior was "safe" or possibly more "safe" than an alternative.
73.04(B) is a step forward from the current requirement of Fayetteville City Code 73.04 which
requires "Whenever a usable path for bicycles has been provided adjacent to a roadway, bicycle
riders shall use such path and shall not use the roadway." While paths provide a very different
experience for bicyclists and can be highly variable in quality and usefulness for different types
of bicycling, bicycle lanes are more accommodating of various types of bicycling and bicyclists
are arguably required to use them in most circumstances under 73.04(A), which requires them
to ride to the right of the right hand lane in most circumstances. As with 73.04(A), this portion
of the proposed ordinance could be improved by addressing what is meant by "safety reasons."
In addition, it would be improved by addressing whether "available" is a sufficient standard for
use. Many states have incorporated quality -based standards so that the use of a bicycle lane, or
path, is only required when it meets a certain quality standard. For example, the state of Georgia
requires municipalities that want to require the use of a bicycle path to provide a mechanism for
citizen review of the quality of bicycle paths and provides that any paths that bicyclists are
required to use by a municipality meet the standards created by the American Association of
State Highway and Transportation Officials (AASHTO). See Ga. Code Ann. §§40-6-294(c) & (d).
I hope that you take these suggestions into account when you review your Traffic Code. Please
contact me with any questions you have about the provisions in our model laws or our Bicycle
Friendly Community process.
Sincerely,
Ken McLeod
Legal & Policy Specialist
1612 K Street NW, Suite 308
Washington, DC 20006
Rated b}' Chant)' Nauigatoras a jorar-star charity I CFC # 11563
ON -STREET SHARED LANES
INillnin, 4von,,o - Fnvattovillo
THE ONSTREET BICYCLE NETWORK
Shared -use paved trails serve as the foundation of our active transportation infrastructure, but on -street linkages provide a critical link for cyclists to
reach trails and other destinations using city streets. Fayetteville's on -street bicycle network has been rapidly developed in recent years; 25 miles of
on -street bike lanes and shared bikeways were added to Fayetteville streets in the years between 2010 and 2014. Fayetteville has gone from a patchy
inadequate pattern of on -street bike facilities to a network of usable and navigable bike routes, yet continued progress is needed to meet the growing
demand for these on -street facilities.
Fayetteville's varied development patterns and occasionally steep terrain require a variety of on -street solutions to make the most efficient use of space
while providing safe and comfortable travelways for cyclists. On -street shared lanes, bike lanes, climbing lanes, buffered bike lanes and bike ways have
all been implemented in Fayetteville. Other facilities such as cycletracks, which are fully protected bike lanes, may be constructed in the future. As part of
Fayetteville's commitment to the continued expansion of on -street bicycle facilities, City Plan 2030 requires all new street projects and significant street
reconstruction incorporate some form of bicycle infrastructure in the public right-of-way where the City Plan indicates bicycle infrastructure is appropri-
ate. The images bellow illustrate examples of the context-sentitive solutions used in various locations in Fayetteville and other regional cities.
CLIMBING LANES
Ash Street - Fayetteville
BIKE LANES
Appleby Road - Fayetteville
CYCLETRACKS BUFFERED BIKE LANES I BICYCLE WAYS 11
Silent Grove Rd. - Springdale Rolling Hills Drive - Fayetteville Asbell Bike way - Fayetteville
NORTHWEST ARKANSAS
Democrat az�ette
P.O. BOX 1(307, 1=�4`Fi 1 t:..A11i. l_(=, . > , 72`02 n4794421700 FAX: 479 99S-1118 d VVWW.NWA[ L3.COM
AFFIDAVIT OF PUBLICATION
I, Karen Caler, do solemnly swear that I am the Legal Clerk of the Northwest Arkansas Democrat -Gazette,
printed and published in Washington County and Benton County, Arkansas, and of bona fide circulation,
that from my own personal knowledge and reference to the files of said publication, the advertisement of:
CITY OF FAYETTEVILLE
Ord. 5829
Was inserted in the Regular Edition on:
December 31, 2015
Publication Charges: $ 168.61
Subscribed and sworn to before me
This 4 day of �\ , 2016.
Notary Public
My Commission Expires: Z/z/7a-4-
CATHY WILES
Arkansas • Benton County
Notary Public - Comm# 12397118
My Commission Expires Feb 20, 2024
**NOTE**
Please do not pay from Affidavit.
Invoice will be sent.
WHEREAS, the Northwest Arkansas Bicycle and Pedestrian Me
American Bicycles recommend the passage of local ordinances.
Lion of bicycles on roadways and in dedicated bike tapes ratheri
of bicyclists and pedestrians.
NOW THEREFORE ,• BE IT ORDAINED BY THE CITY COUNCIL OF'
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville Arkatt
Plan and the League of,'
Riding on a roadway designated for one-way traffic, when the bicyclist may ride as near to
left-hand curb or edge of such roadway as judged safe bythemicyclist or • "
Riding on parts of roadways designated for bicycles.
A bicyclist shall not be expected or required to:
Aide over or through any hazards or apparent hazards
aide without a,reasonable safety margin on the right-hand side of the roadway.
A nprsnn"nneratina°a=bicycle in comoliance with this section and not violating rany oMer
Section 2: That the City Counc'
of the Fayetteville City Code and
"73.05 Riding on Sidewalks
(A) Any individual operating a bic
a
PASSED and APPROVED this 15th day
APPROVED:
By:
LIONELD JORDAN, Mayor