crosswalk on a bicycle in a direct, expedient and prompt manner when accompanied by his or her parent or legal guardian,
ORDINANCE NO. 052118E AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF FISHERS, INDIANA, ADDING §71.40 OPERATION OF MOTORVEHICLES AND BICYCLES IN ROADWAYS, MULTI-USE PATHS, SIDEWALKS, AND BICYCLE LANES, AND REPEAL AND REPLACEMENT OF CHAPTER 73 BICYCLES. WHEREAS, Indiana Code 9-21-11 provides for certain rules and requirements of a person operating a bicycle within the State of Indiana; WHEREAS, the City of Fishers (“City”) desires to address with specificity, the rights and duties of persons operating bicycles on the City’s roadways, sidewalks, multi-use paths and designated bicycle lanes and the rights and duties of persons operating motor vehicles within the City with respect to bicyclists located on City’s roadways, multi-use paths and bicycle lanes; WHEREAS, the City desires to enact a new section in Chapter 71, Traffic Rules, of the City’s Code of Ordinances, to adopt rights and duties of motor vehicles with respect to bicyclists; and WHEREAS, the City’s Code of Ordinances currently contain Chapter 73, which pertain to bicyclists, and require a repeal and replacement to redefine and enact the City’s adoption of bicyclist’s rights and duties. NOW, THEREFORE, BE IT ORDAINED, by the Common Council of the City of Fishers, Indiana, in regular meeting, as follows: Section 1.
Chapter 71 is hereby amended to include new 71.40, as follows:
OPERATION OF MOTORVEHICLES AND BICYCLES IN ROADWAYS, MULTI-USE PATHS, SIDEWALKS, AND BICYCLE LANES § 71.40 Definitions. Terms used in this §71.40 et seq. are defined as follows: Bicycle. Any foot-propelled vehicle, irrespective of the number of wheels in contact with the ground. Bicycle Lane. That portion of a roadway or roadway shoulder that has been designated by striping, signing and pavement markings for the preferential or exclusive use of a bicycle. Bicyclist. A person operating a bicycle. Motor Vehicle. Any vehicle that is propelled in whole or in part by a motor or any mechanical or artificial means, or is being pushed or towed by the same. Multi-Use Path. An off-road public accessway intended for pedestrians, bicyclists, and other non-motorized users. Roadway. That portion of a street improved, designed or ordinarily used for vehicular travel. Sidewalk. A walkway as defined in I.C. 9-13-2-167, as may be amended from time to time. § 71.41 Motor Vehicle Responsibilities.
(A) Drivers to Exercise Due Care. The driver of any motor vehicle operating on any roadway located within the City's corporate limits shall exercise due care to avoid colliding with any person operating a bicycle, and shall, as necessary, give warning by the sounding of a horn and by exercising such other precautions as are necessary to avoid a motor vehicle and bicycle collision. (B) Turning Right in Front of a Bicycle. When a motor vehicle and a bicycle are traveling in the same direction on or along any roadway located within the City's corporate limits, the operator of the motor vehicle overtaking such bicycle shall not turn to the right in front of the bicycle until the motor vehicle is safely ahead and clear of the bicycle. (C) Turning Left in Front of a Bicycle. The driver of a motor vehicle operating within the City's corporate limits shall, when entering an intersection with the intention of turning left therein, yield the right-of-way to a bicycle approaching the intersection from the opposite direction whenever a failure to do so would cause the approaching bicycle to strike the motor vehicle or to engage in evasive actions in order to avoid such a collision. (D) Passing of Bicycles. The driver of any motor vehicle operating within the City's corporate limits, whenever passing a bicycle proceeding in the same direction on any roadway, shall maintain at all times a distance of not less than three feet (3’) from said bicycle during the entire passing maneuver. (E) Operating on Roadways that Contain a Bicycle Lane. The driver of any motor vehicle operating within the City's corporate limits shall, when traveling on a roadway that contains a designated bicycle lane, yield the right-of-way to all persons operating bicycles on and within said bicycle lane. (F) Turning on Roadways with Bicycle Lanes. The driver of any motor vehicle operating within the City's corporate limits shall, when traveling on a roadway that contains a designated bicycle lane, enter the bicycle lane to make a turn only after yielding to all persons operating a bicycle on and within said bicycle lane and only when doing so will not cause any bicyclist to collide with the motor vehicle or to take evasive actions that impede the bicycle's forward progress in order to avoid such a collision. (G) Driving on Bicycle Lanes and Multi-Use Path. No driver of any motor vehicle shall drive or park said motor vehicle in, on, or upon any designated bicycle lane or multi-use path, or otherwise impede any bicycle operating on and within a bicycle lane or multi-use path within the City’s corporate limits except when safely entering or exiting a legal parking space, driveway, or roadway as necessary, and then only after yielding to all persons operating a bicycle on or within said bicycle lane or multi-use path and when doing so will not cause any bicyclist to collide with the motor vehicle or to take evasive actions that impede its forward progress in order to avoid such a collision. § 71.99 Penalties (A) Any person who violates §71.40 shall be subject to the penalties prescribed in §70.99.
Section 2.
Chapter 73 is hereby repealed and replaced in its entirety as follows:
§ 73.10 Definitions. Terms used in this §73.10 et seq. are defined as follows: Bicycle. Any foot-propelled vehicle, irrespective of the number of wheels in contact with the ground. Bicycle Lane. That portion of a roadway or roadway shoulder that has been designated by striping, signing and pavement markings for the preferential or exclusive use of a bicycle. Bicyclist. A person operating a bicycle. Motor Vehicle. Any vehicle that is propelled in whole or in part by a motor or any mechanical or artificial means, or is being pushed or towed by the same. Multi-Use Path. An off-road public accessway intended for pedestrians, bicyclists, and other non-motorized users. Roadway. That portion of a street improved, designed or ordinarily used for vehicular travel. Sidewalk. A walkway as defined in I.C. 9-13-2-167, as may be amended from time to time. § 73.11 Bicyclist Responsibilities. (A) In addition to the responsibilities imposed on a bicyclist by I.C. 9-21-11 et seq., these regulations are applicable to a bicyclist on a roadway or multi-use path. (B) Bicyclists Shall Obey Laws. Bicyclists operating bicycles within the City’s corporation limits shall obey all traffic signals, traffic control devices, signs, and markings upon any roadway, bicycle lane, sidewalk or multi-use path unless otherwise directed by a police officer. Bicyclists shall not weave in between cars and shall keep a safe distance between the bicycle and a motor vehicle when approaching stopped motor vehicles at a red light or stop sign. (C) Use of Reflective Material and Helmets. Bicyclists operating bicycles on a roadway within the City’s corporation limits shall wear reflective apparel or otherwise reflective material on their clothing or bicycle, and a properly fitted and buckled bicycle helmet. (D) Riding on Bicycles. No bicycle shall be used to carry more persons at one time than the number for which it is designed or equipped, except that an adult rider may carry a child securely attached in an approved child seat. (E) Riding on sidewalk or multi-use path. (1) No person shall ride a bicycle upon a sidewalk when such conduct shall constitute a hazard to safety of pedestrians. (2) The Fishers Police Department is authorized to erect signs on any sidewalk or roadway prohibiting the riding of bicycles thereon by any person and when such signs are in place, it shall be unlawful to violate its directive.
(3) Whenever any person is riding a bicycle upon a sidewalk or multi-use path, such person shall yield the right of way to any pedestrian and shall give audible signal before overtaking and passing such pedestrian. (F) Bicycle Parking. (1) No person shall park any bicycle upon the traveled portion of any roadway, multi-use path or bicycle lane. (2) A bicycle located on any sidewalk shall be parked only in a rack provided to support the bicycle, against a building, or in such other manner as not to impede pedestrian traffic thereon. (G) It shall be unlawful for any person to use a bicycle to deliberately block or close a roadway intersection so as to facilitate the passage of other bicyclists through the intersection without stopping, yielding to other traffic, or in contravention of the traffic signals, traffic control devices, signs, posted speed limits, or markings upon a roadway, bicycle lane, sidewalk, or multi-use path. (H) It shall be unlawful for a child under seven (7) years of age to operate a bicycle in a roadway in the City’s corporation limits, except that any child can cross a roadway in a crosswalk on a bicycle in a direct, expedient and prompt manner when accompanied by his or her parent or legal guardian, and that any child may operate a bicycle upon a sidewalk or multiuse path subject to the restrictions in this Chapter. § 73.12 Responsibility of Parent or Guardian. The parent of any child and the guardian of any ward shall not authorize or knowingly permit any such child or ward to violate any of the provisions of §73.10. § 73.99 Penalties (A) Any person who violates §73.10 shall commit a city ordinance violation and may be fined $20, which shall be paid to the Ordinance Violations Bureau. If the fine is not paid within 30 days, the fine shall increase to $40. A person in violation may admit their violation and pay their civil penalty to the City’s Ordinance Violations Bureau or may appear and deny their violation and request a trial. If the person in violation denies the violation, fails to satisfy the penalty assessed after having entered an admission of violation or fails to deny or admit the violation, the case will be filed in the Fishers City Court. Section 3.
Section 36.08 shall be amended to add the following:
§36.08 Schedule of Fines. VIOLATION - TRAFFIC
CODE SECTION
FINE
IF NOT PAID AFTER 30 DAYS
Operation of Bicycle in Roadway, MultiUse Path, Sidewalk and Bicycle Lanes
73.10
$20
$40
Section 4. All other ordinances or provisions thereof not specifically changed shall remain in full force and effect. Section 5. If any portion of this Ordinance is for any reason declared to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this Ordinance so long as enforcement of the same can be given the same effect. Section 6. This ordinance is and shall be effective as of the date of passage and upon notice provided pursuant to Indiana law. SO ORDAINED by the Common Council of the City of Fishers, Indiana, on this 21st day of May, 2018 COMMON COUNCIL OF THE CITY OF FISHERS, HAMILTON COUNTY, INDIANA YAY
NAY
ABSTAIN
Todd Zimmerman, President Richard W. Block, Vice President David George, Member C. Pete Peterson, Member John Weingardt, Member Eric Moeller, Member Selina M. Stoller, Member Cecilia C. Coble, Member Brad DeReamer, Member
I hereby certify that the foregoing Ordinance/ Resolution was delivered to City of Fishers Mayor Scott Fadness on the _21st__ day of __May__ 2018, at _______ ____ m. ATTEST: ___________________________ Jennifer L. Kehl, City Clerk MAYOR’S APPROVAL ____________________________ Scott A. Fadness, Mayor
_____________________________ DATE MAYOR’S VETO
____________________________ Scott A. Fadness, Mayor
_____________________________ DATE
This instrument prepared by: Christopher P. Greisl, City Attorney, City of Fishers, Hamilton County, Indiana, One Municipal Drive, Fishers, Indiana, 46038 “I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law.” Christopher P. Greisl
