HomeMy WebLinkAboutOrdinance 19570-03-2011ORDINANCE NO. 19570-03-2011
AN ORDINANCE AMENDING CHAPTER 22 OF THE CODE OF
THE CITY OF FORT WORTH, AS AMENDED, BY ADDING
SECTION 22-95 CREATING A SAFE PASSING ZONE FOR THE
PROTECTION OF VULNERABLE ROAD USERS; PROVIDING A
PENALTY FOR VIOLATION; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR PUBLICATION IN THE OFFICIAL
NEWSPAPER OF THE CITY; PROVIDING A SEVERABILITY
CLAUSE; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City Council unanimously adopted the Bike Fort Worth Plan on
February 9, 2010; and
WHEREAS, the City Council has established a strategic goal to improve
mobility and air quality; and
WHEREAS, the Safe Passing Ordinance provides the foundation for an
educational campaign of tolerance and acceptance of active forms of alternative
transportation, which furthers the City's goals of (1) promoting Fort Worth as a Bicycle
Friendly Community, and (2) continuing to ensure that the City's streets and
neighborhoods are pedestrian friendly; and
WHEREAS, by law, vulnerable road users are allowed to use the roadway under
certain circumstances in Texas, but these users do not have the same physical protection
as motorists and are at greater risk of injury or death in connection with use of the
roadway; and
WHEREAS, approximately 50 cyclists and 400 pedestrians are killed while using
roadways every year in Texas; and
WHEREAS, it is advisable to amend Chapter 22 of the Fort Worth Code of
Ordinances to add new regulations regarding safe passing of vulnerable road users.
NOW, THEREFORE: Be it Ordained by the City Council of the City of Fort
Worth, Texas:
SECTION 1.
That Chapter 22 of the Code of the City of Fort Worth is hereby amended
herein by adding Section 22-95 "Safe Passing of Vulnerable Road Users" to Article
III, Operation of Vehicles, and after said amendment shall read as follows:
"Section 22-95 Safe Passing Of Vulnerable Road Users.
(a) Definitions. In this section, a Vulnerable Road User means:
(1) a pedestrian (including a runner), physically disabled person, child, skater,
stranded motorist or passenger, highway construction or maintenance worker, tow truck
operator, utility worker, or other worker with legitimate business in or near the road or
right-of--way;
(2) a person on horseback;
(3) a person operating equipment other than a motor vehicle, including, but not
limited to, a bicycle, handcycle, horse-driven conveyance, or unprotected farm
equipment;
(4) a person operating a motorcycle, moped, motor-driven cycle, or motor-
assisted scooter; or
(5) a firefighter or peace officer whose vehicle is equipped with emergency lights
that are activated, regardless of whether it is a marked vehicle.
(b) An operator of a motor vehicle passing a vulnerable road user, who is either travelling
or stationary on a highway or street, shall:
(1) vacate the lane nearest to or 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) pass the vulnerable road user at a safe distance.
(A) For the purpose of Subsection (b)(2), when road conditions allow,
safe distance is at least:
(i) three feet from the vulnerable road user if the operator's vehicle
is a passenger car or light truck, as defined by Texas
Transportation Code Section 541.201(7); or
(ii) six feet from the vulnerable road user 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.
(c) An occupant of a motor vehicle may not knowingly throw or project any object or
substance at or against a vulnerable user, or the user's animal, equipment or vehicle.
(d) An occupant 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) is reckless and which causes a collision with any vulnerable road user on any
roadway or intersection. This includes a collision caused by opening a motor vehicle's
door into the path of a vulnerable road user or the user's animal or equipment.
(e) 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 any applicable traffic laws.
(f) Offenses.
To the extent that the conduct is not already covered by the Texas Penal or
Transportation Codes:
(1) The penalty for any violation of this ordinance that causes injury to a
vulnerable road user shall be a fine not to exceed five hundred dollars.
(2) The penalty for violations of sections (c) or (d) which do not result in injury
shall be a fine not to exceed five hundred dollars.
(3) The penalty for any violation of this ordinance other than of sections (c) and
(d) which does not cause injury to a vulnerable road user shall be a fine not to exceed two
hundred dollars.
(g) Exception. This section does not apply to conduct or injuries sustained on private
property."
SECTION 2.
That Chapter 22 of the Code of the City of Fort Worth, as amended, shall remain
in full force and effect, save and except as amended by this ordinance.
SECTION 3.
That the terms and provisions of this ordinance are severable and are governed by
Section 1-5 of Chapter 1 of the Code of the City of Fort Worth, as amended.
SECTION 4.
The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish
the caption and penalty provision, found in Sec. 1 (Sec. 22-95(f)), of this ordinance for
two (2) days in the official newspaper of the City of Fort Worth, Texas, as authorized by
City Charter and Section 52.013, Texas Local Government Code.
SECTION 5.
That this ordinance shall take effect after its passage and publication as required
by law, and it is accordingly so ordained.
APPROVED AS TO FORM AND LEGALITY:
Assi ant City Attorney
Date:
ADOPTED: March 1.2011
EFFECTIVE: ~ C~ , ~~
City of Fort Worth, Texas
DATE: Tuesday, March 01, 2011
LOG NAME: 06SAFEPASSING
REFERENCE NO.: G-17217
SUBJECT:
Adopt Ordinance Amending Chapter 22 of the Code of the City of Fort Worth by Adding Section 22-95
Creating a Safe Passing Zone for the Protection of Pedestrians, Bicyclists and Other Vulnerable Road
Users
RECOMMENDATION:
It is recommended that the City Council adopt the attached Ordinance amending Chapter 22 of the Code
of the City of Fort Worth by adding Section 22-95 including a penalty provision, creating a safe passing
zone for the protection of pedestrians, bicyclists and other vulnerable road users.
DISCUSSION:
The purpose of the Safe Passing Ordinance is to further the the City's goals of (1) promoting Fort Worth
as a Bicycle Friendly Community and (2) continuing to ensure that the City's streets and neighborhoods
are safe for all roadway users.
On February 9, 2010, the City Council unanimously adopted the Bike Fort Worth plan, which recommends
adoption of a citywide safe passing ordinance.
The Planning and Development Department in cooperation with the Police and Legal Departments,
developed a Safe Passing Ordinance that creates a safe zone around vulnerable roadway users. These
users included pedestrians, cyclists, physically disabled persons, firefighters and peace officers, persons
on horseback and more. Although all types of road users are at risk of being injured or killed in a road
traffic crash, there are notable differences in fatality rates between different road user groups. In particular,
the vulnerable road users are at greater risk than motor vehicle occupants and usually bear the greatest
burden of injury.
This ordinance establishes a standard safe passing distance which will help protect vulnerable road users
and will be a valuable tool for educational programs and safety awareness campaigns. Exceptions to the
safe passing distance will be allowed to accommodate the reasonable flow of traffic. Some of the
regulations contained in this ordinance include:
1. Establishing a standard safe passing distance of three feet (six feet for commercial vehicles) that
applies when road conditions allow;
2. Prohibiting harassment and intimidation of vulnerable road users;
3. Imposing a penalty on violators of the ordinance; and
4. Providing a defense to prosecution for the motorist if the vulnerable road user was acting in violation of
any applicable traffic laws.
Other Texas cities which have adopted a similar ordinance are San Antonio, Austin and EI Paso.
Logname: 06SAFEPASSING Page 1 of 2
FISCAL INFORMATION /CERTIFICATION:
The Financial Management Services Director certifies that this action will have no material effect on City
funds.
FUND CENTERS:
TO Fund/Account/Centers
FROM Fund/Account/Centers
CERTIFICATIONS:
Submitted for City Manager's Office b~
Ori ig_nating Department Head:
Additional Information Contact:
Fernando Costa (6122)
Randle Harwood (6101)
Katherine Beck (7918)
Julia McCleeary (2593)
Logname: 06SAFEPASSING
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