Loading...
HomeMy WebLinkAboutORD 11-001 ORDINANCE NO.11-001 AN ORDINANCE AMENDING CHAPTER 20 OF THE CODE OF ORDINANCES BY ADDING A NEW ARTICLE 20.08 OF THE CODE RELATING TO RESTRICTIONS ON OPERATING A MOTOR VEHICLE NEAR VULNERABLE ROAD USERS, AND CREATING AN OFFENSE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT SECTION 1. THAT Chapter 20 of the Code of Ordinances be amended by adding a new Article 20.08 Vulnerable Road Users to read as follows: ARTICLE 20.08 VULNERABLE ROAD USERS Sec. 20.08.001 DEFINITIONS In this section, a Vulnerable Road User means: a pedestrian, including a runner, physically disabled person, child, skater, highway construction and maintenance worker, tow truck operator, utility worker, other worker with legitimate business in or near the road or right-of-way, or stranded motorist or passenger; a person on horseback; a person operating equipment other than a motor vehicle, including, but not limited to, a bicycle, handcycle, horse-driven conveyance, or unprotected farm equipment; or a person operating a motorcycle, moped, motor-driven cycle, or motor-assisted scooter. Sec. 20.08.002 OPERATING AT A SAFE DISTANCE (a) An operator of a motor vehicle approaching or passing a vulnerable road user on a highway or street shall: (1) when passing, vacate the lane in which the vulnerable road user is located if the highway or street has two or more marked lanes running in the same direction; or (2) approach or pass the vulnerable road user at a safe distance. (b) For the purpose of Subsection (a)(2), when road conditions allow, safe distance is at least: (1) three feet if the operator's vehicle is a passenger car or light truck; or (2) six feet if the operator's vehicle is a truck, other than a light truck, or a commercial motor vehicle as defined by Texas Transportation Code Section 522.003. Sec. 20.08.003 TURNING REQUIREMENTS (a) An operator of a motor vehicle that is making a left turn at an intersection, including an intersection with an alley or private road or driveway, shall yield the right-of-way to a vulnerable road user who is approaching from the opposite direction and is in the intersection, or is in such proximity to the intersection as to be an immediate hazard. (b) An operator of a motor vehicle may not overtake a vulnerable road user traveling in the same direction and subsequently make a right-hand turn in front of the vulnerable road user unless the operator is safely clear of the vulnerable road user, taking into account the speed at which the vulnerable road user is traveling and the braking requirements of the motor vehicle making the right- hand turn. Sec. 20.08.004 INTIMIDATION PROHIBITED An operator of a motor vehicle may not maneuver the vehicle in a manner that: (1) is intended to cause intimidation or harassment to a vulnerable road user; or 2 threatens a vulnerable road user. Sec.20.08.005 DUE CARE An operator of a motor vehicle shall exercise due care to avoid colliding with an P 9 Y vulnerable road user on a roadway or in an intersection of roadways. Sec. 20.08.006 AFFIRMATIVE DEFENSE It is an affirmative defense to prosecution under this section that at the time of the offense the vulnerable road user was acting in violation of the law. SECTION 2. That if any section, subsection, sentence, clause of phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. SECTION 3. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Y SECTION 4. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1.01.009 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of January, 2011. �•�������\ �fit t yor Becky Ames -