HomeMy WebLinkAboutOrdinance 6618113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6618
File Number: 2022-0917
AMEND §73.05 RIDING ON SIDEWALKS:
AN ORDINANCE TO AMEND § 73.05 RIDING ON SIDEWALKS OF THE FAYETTEVILLE
CITY CODE TO ALIGN WITH STATE LAW REGARDING THE RIGHTS AND DUTIES OF A
PERSON OPERATING A BICYCLE IN A CROSSWALK
WHEREAS, in 2021, the Arkansas General Assembly enacted Act 1067, which extends the rights,
protections, and duties of pedestrians in crosswalks to persons lawfully riding bicycles; and
WHEREAS, § 73.05 of the Fayetteville City Code should be amended to align with state law
regarding the safe operation of bicycles in crosswalks.
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 subsection (C) of
§73.05 Riding on Sidewalks and enacts a new §73.05(C) as follows:
"(C) Operation of Bicycles Upon Crosswalks
(1) A person operating a bicycle upon a crosswalk shall:
(a) Yield the right of way to pedestrians; and
(b) Give an audible signal before overtaking and passing a pedestrian.
(2) Except as provided in subsection (C)(1) of this section, a person lawfully operating a
bicycle upon a crosswalk has all the rights and duties applicable to a pedestrian using the
crosswalk pursuant to § 74.02 of the Fayetteville City Code and Ark. Code Ann. §
27-51-1202.
Page 1 Printed on 10119122
Ordinance: 6618
File Number.' 2022-0917
PASSED and APPROVED on 10/18/2022
Attest:
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Kara Paxton, City Clerk Treasurer=' . " •�„
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Page 2 Primed on 10119122
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2022-0917
Agenda Date: 10/18/2022 Version: 1 Status: Passed
In Control: City Council Meetinq File Type: Ordinance
Agenda Number: C.2
AMEND §73.05 RIDING ON SIDEWALKS:
AN ORDINANCE TO AMEND § 73.05 RIDING ON SIDEWALKS OF THE FAYETTEVILLE CITY
CODE TO ALIGN WITH STATE LAW REGARDING THE RIGHTS AND DUTIES OF A PERSON
OPERATING A BICYCLE IN A CROSSWALK
WHEREAS, in 2021, the Arkansas General Assembly enacted Act 1067, which extends the rights,
protections, and duties of pedestrians in crosswalks to persons lawfully riding bicycles; and
WHEREAS, § 73.05 of the Fayetteville City Code should be amended to align with state law regarding the
safe operation of bicycles in crosswalks.
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 subsection (C) of §73.05
Riding on Sidewalks and enacts a new §73.05(C) as follows:
"(C) Operation of Bicycles Upon Crosswalks
(1) A person operating a bicycle upon a crosswalk shall:
(a) Yield the right of way to pedestrians; and
(b) Give an audible signal before overtaking and passing a pedestrian.
(2) Except as provided in subsection (C)(1) of this section, a person lawfully operating a bicycle upon
a crosswalk has all the rights and duties applicable to a pedestrian using the crosswalk pursuant to
§ 74.02 of the Fayetteville City Code and Ark. Code Ann. § 27-51-1202.
City of Fayetteville, Arkansas Page 1 Printed on 1011912022
Matt Mihalevich
Submitted By
City of Fayetteville Staff Review Form
2022-0917
Legistar File ID
October 18th, 2022
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
9/28/2022 ENGINEERING (621)
Submitted Date Division / Department
Action Recommendation:
Staff recommends amending Section 73.05 of the Fayetteville City Code to align with state law regarding the 1htand duties of a person operating a bicycle in a crosswalk and provides the same protections as a pedestrian t
person lawfully riding a bicycle in a crosswalk.
Budget Impact:
N/A N/A
Account Number Fund
N/A N/A
Project Number Project Title
Budgeted Item? No Current Budget $ -
Funds Obligated $ -
Current Balance
Does item have a cost? No Item Cost $ -
Budget Adjustment Attached? No Budget Adjustment $ -
Remaining Budget
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
V20210527
Previous Ordinance or Resolution #
Approval Date:
—� CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF OCTOBER 18T", 2022
TO: Mayor and City Council
CITY COUNCIL MEMO
THRU: Chris Brown, Public Works Director/City Engineer
Susan Norton, Chief of Staff
FROM: Matt Mihalevich, Active Transportation Manager
DATE: September 271", 2022
SUBJECT: 2022-0917 — Align Section 73.05 of the Fayetteville City Code with State Law
RECOMMENDATION:
Staff recommends amending Section 73.05 of the Fayetteville City Code to align with state law
regarding the rights and duties of a person operating a bicycle in a crosswalk and provides the
same protections as a pedestrian to a person lawfully riding a bicycle in a crosswalk.
BACKGROUND:
In 2021 the Arkansas State Legislature passed Act 1067 entitle "An act to amend the law
concerning bicycle safety; to clarify the rights and duties of a person operating a bicycle. And for
other purposes." This new law under house bill 1702 A.C.A. 27-51-1804 gives people operating
bicycles in crosswalk the same rights and duties as people walking in crosswalks.
DISCUSSION:
This change in Arkansas State law is of importance for Fayetteville as all shared -use paved trail
crossings are legally crosswalks. Prior to this new law people riding bikes were required to
dismount and walk their bicycles at all trail/street crossings in order to have legitimate legal
protections in case of a crash.
BUDGET/STAFF IMPACT:
None
Attachments:
Act 1067 of 2021
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
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Stricken language would be deleted from and underlined language would be added to present law.
Act 1067 of the Regular Session
State of Arkansas As Engrossed: S4119121
93rd General Assembly A Bill
Regular Session, 2021 HOUSE BILL 1702
By: Representative McCullough
By: Senators Irvin, C. Tucker
For An Act To Be Entitled
AN ACT TO AMEND THE LAW CONCERNING BICYCLE SAFETY; TO
CLARIFY THE RIGHTS AND DUTIES OF A PERSON OPERATING A
BICYCLE; AND FOR OTHER PURPOSES.
Subtitle
TO AMEND THE LAW CONCERNING BICYCLE
SAFETY; AND TO CLARIFY THE RIGHTS AND
DUTIES OF A PERSON OPERATING A BICYCLE.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
SECTION 1. Arkansas Code § 27-51-1801(1), concerning the definition of
"bicycle", is amended to read as follows:
(1) "Bicycle" means a human -powered vehicle:
(A) With two (2) or more wheels in tandem, designed to
transport by the act of pedaling one (1) or more persons seated on one (1) or
more saddle seats on its frame; and
(B) Used on a public road, bicycle path, crosswalk, or
right-of-way; and
SECTION 2. Arkansas Code Title 27, Chapter 51, Subchapter 18, is
amended to add an additional section to read as follows:
27-51-1804. Operation of bicycle upon crosswalk.
(a) A person operating a bicycle upon a crosswalk shall:
(1) Yield the right-of-way to pedestrians; and
(2) Give an audible signal before overtaking and passing a
04-19-2021 13:42:54 DTP124
As Engrossed: S4/19/21
HB1702
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pedestrian.
(b) Except as provided in subsection (a) of this section, a person
lawfully operating a bicycle upon a crosswalk has all the rights and duties
applicable to a pedestrian using the crosswalk under S 27-51-1202.
Is/McCullough
APPROVED: 4/30/21
2 04-19-2021 13:42:54 DTP124