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
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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.
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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. �•�������\
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