Item Coversheet

Ordinance

NO. 01-2016

A proposed ordinance to modify the Uniform Traffic Code Ordinance, Chapter 410, to add Rules related to Bicyclist Safety.

BATTLE CREEK, MICHIGAN - 2/2/2016

The City of Battle Creek Ordains:

 

Section 1. An ordinance to amend Chapter 410.04, "Changes in Uniform Traffic Code" of the City of Battle Creek Ordinances, to add Rule 1(v); Rule 490d, and Rule 498, related to Bicyclist Safety, as is attached and made a part hereof.

 

Section 2. Should any section, clause or phrase of this Ordinance be declared to be invalid, the same shall not affect the validity of the Ordinance as a whole, or any part thereof, other than the part so declared to be invalid.

 

Section 3. All ordinances or parts of ordinances, in conflict with any of the provisions of this Ordinance, are hereby repealed, saving any prosecution, criminal or administrative appeal pending on, or violation cited on or before the effective date of this ordinance, which shall remain subject to the ordinance provision existing at the time of the alleged violation.

 

Section 4. This Ordinance shall take effect ten (10) days from the date of its adoption, in accordance with the provisions of Section 4.3(B) of Chapter 4 of the City Charter.










I, Victoria Houser, City Clerk of the City of Battle Creek, hereby certify the above and foregoing is a true and correct copy of a Resolution adopted by the Battle Creek City Commission at a Regular meeting held on February 2, 2016.


Victoria Houser

Battle Creek City Commission
2/2/2016
Action Summary

Staff Member: Jill Humphreys Steele, City Attorney 
Department:City Attorney 
SUMMARY 
A proposed ordinance to modify the Uniform Traffic Code Ordinance, Chapter 410, to add Rules related to Bicyclist Safety.
BUDGETARY CONSIDERATIONS
There may be nominal expenses related to signage.

HISTORY, BACKGROUND and  DISCUSSION

Mayor Walters requested that I introduce ordinance amendments that would amend/modify three portions of Chapter 410 of our Ordinances, which relate to the Uniform Traffic Code (UTC). The purpose of the amendments would be to provide better protections for bicyclists in the City of Battle Creek. These revisions, if passed, would also further the City's goal of becoming one of the handful of "Bicycle Friendly Communities" in the State of Michigan.

 

The following sets out the proposed revisions:

 

1) A sub-section "v" would be added to the definitions to define "bicycle," which is necessary for enforcement of the added Rules, which would be defined as: 

 

"(v)  “Bicycle” means every mechanical means of transportation having at least two (2) tandem wheels, fully operable pedals, and propelled solely by human power or with an assistive electric motor of less than 750 watts, upon which any person or persons may ride."

 

2) A Rule 490d would be added to implement a "three foot passing" rule when a vehicle is passing or overtaking a bicyclist.

 

While Michigan has a provision in the motor vehicle code requiring a driver of a vehicle to pass at a "safe distance," (MCL 257.636) it doesn't define what is a safe distance nor does it specifically reference when passing a bicyclist, which is a safety issue of great concern to bicyclists. The committee would have liked a "five foot rule"; however, City Engineer Chris Dopp advised he believed that would be too wide when considering the construction of some roads within the City and instead recommended three feet.   

 

3) A Rule 498 would be added to provide protection specifically to bicyclists and pedestrians.

 

The UTC already includes a provision prohibiting opening a vehicle door in a manner that would obstruct or impede traffic; however, the second subsection is a proposed modification to that rule.


DISCUSSION OF THE ISSUE

POSITIONS

The City of Battle Creek Bicycle Advisory Committee has requested these revisions be made. It also voted unanimously at its January 21, 2016 to urge the City Commission to adopt the proposed amendments.

ATTACHMENTS:
File NameDescription
Chapter_410_Revisions_related_to_Bicycles_01.21.16.docxChapter 410.04 UTC Changes Bicyclist Safety 01.21.16