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HomeMy WebLinkAbout22. 14-523 NOVEMBER 25, 2014 14-523 ORDINANCE FIRST READING (CARRIED________ LOST________ LAID OVER________ WITHDRAWN_______) PURPOSE: CREATE ORDINANCE PERTAINING TO BICYCLE LANE RESTRICTIONS INITIATED BY: CITY ADMINISTRATION TRAFFIC REVIEW ADVISORY BOARD RECOMMENDATION: Approved A GENERAL ORDINANCE OF THE CITY OF OSHKOSH CREATING SECTION 27-66.2 BICYCLE LANE RESTRICTIONS AND AMENDING SECTION 27-65(C) PERTAINING TO IN-LINE SKATERS WHEREAS, Wisconsin Statutes Section 349.23 authorizes cities to designate bicycle lanes and to determine who may or may not use those bicycle lanes and the priority of persons using those lanes; and WHEREAS, Wisconsin Statutes Section 349.235 authorizes cities to restrict the use of in-line skates on roadways; and WHEREAS, the City of Oshkosh has adopted an ordinance requiring in-line skaters to stay close to the right side of the road; and WHEREAS, Wisconsin Statutes Section 349.236 authorizes cities to restrict the use of electric personal assistive mobility devices on roadways; and WHEREAS, the City has designated several bicycle lanes in section 27A-10.1 of the Municipal Code and wishes to designate who may use those bicycle lanes and the priority for use of those lanes. The Common Council of the City of Oshkosh does ordain as follows: SECTION 1. That Section 27-66.2 of the Oshkosh Municipal Code pertaining to Bicycle Lane Restrictions is hereby created to read as follows: SECTION 27-66.2 BICYCLE LANE RESTRICTIONS On public roadways where bicycle lanes are designated, persons propelling a bicycle and persons using in-line skates within the public roadway shall use the designated bicycle lane. Persons propelling a bicycle and persons using in-line skates within the public roadway shall obey all traffic statutes, ordinances and NOVEMBER 25, 2014 14-523 ORDINANCE FIRST READING CONT’D regulations applicable to such devices and activities upon the public roadway. No person shall operate an electric personal assistive mobility device, motorcycle, motorized bicycle, moped, or any other type of motor vehicle in or upon a designated Bicycle Lane except as may be necessary to merge into the lane before turning at or when crossing such Bicycle Lane at intersections, for purposes of ingress/egress to properties adjacent to the roadway or to utilize a legal parking lane or space. An electric personal assistive mobility device or any other type of motor vehicle shall yield the right of way to bicycles or in line skaters within the bicycle lane. No person shall use roller skates, skate boards or any other play vehicle within the designated bicycle lane. SECTION 2. That Section 27-65(C) of the Oshkosh Municipal Code pertaining to In- Line Skates is hereby repealed and recreated to read as follows: (C) In-line skaters to stay on right side of road. Every person using in-line skates on a public roadway shall keep as close to the right hand curb as possible, except that if a roadway has a designated bicycle lane persons using in-line skates shall use the designated bicycle lane on that roadway. SECTION 3. This ordinance shall be in full force and effect from and after its passage and publication. SECTION 4. Publication Notice. Please take notice that the City of Oshkosh enacted ordinance #14-XXX A GENERAL ORDINANCE OF THE CITY OF OSHKOSH CREATING SECTION 27-66.2 BICYCLE LANE RESTRICTIONS AND AMENDING SECTION27-65 (C) PERTAINING TO THE REGULATION OF IN-LINE SKATES, on December 9, 2014. The ordinance regulates the use of designated bicycle lanes within the City of Oshkosh. The ordinance would require bicyclists and inline skaters to use bicycle lanes where designated. The ordinance prohibits the use of electric personal assistive mobility devices and motor vehicles in the bike lanes except as necessary to merge to turn at intersections, to cross at intersections, to cross to access parking spaces or for ingress or egress from properties adjoining the roadway and would require vehicles to yield to bicyclists or inline skaters in the bicycle lanes. The ordinance also prohibits the use of play vehicles in the bicycle lanes. The full text of the ordinance may be obtained at the Office of the City Clerk, 215 Church Avenue and through the City’s website at www.ci.oshkosh.wi.us. Clerk’s phone: 920/236-5011. NOVEMBER 25, 2014 14-523 ORDINANCE FIRST READING CONT'D regulations applicable to such devices and activities upon the public roadway. No person shall operate an electric personal assistive mobility device, motorcycle, motorized bicycle, moped, or any other type of motor vehicle in or upon a designated Bicycle Lane except as may be necessary to merge into the lane before turning at or when crossing such Bicycle Lane at intersections, for purposes of ingress/egress to properties adjacent to the roadway or to utilize a legal parking lane or space. An electric personal assistive mobility device or any other type of motor vehicle shall yield the right of way to bicycles or in line skaters within the bicycle lane. No person shall use roller skates, skate boards or any other play vehicle within the designated bicycle lane. SECTION 2. That Section 27-65(C)of the Oshkosh Municipal Code pertaining to In- Line Skates is hereby repealed and recreated to read as follows: (C) In-line skaters to sta on ri ht side of road. Every person using in-line skates on a public roadway shall keep as close to the right hand curb as possible, except that if a roadway has a designated bicycle lane persons using in-line skates shall use the designated bicycle lane on that roadway. SECTION 3. This ordinance shall be in full force and effect from and after its passage and publication. SECTION 4. Publication Notice. Please take notice that the City of Oshkosh enacted ordinance #14-XXX A GENERAL ORDINANCE OF THE CITY OF OSHKOSH CREATING SECTION 27-66.2 BICYCLE LANE RESTRICTIONS AND AMENDING SECTION27-65 (C) PERTAINING TO THE REGULATION OF IN-LINE SKATES, on December 9, 2014. The ordinance regulates the use of designated bicycle lanes within the City of Oshkosh. The ordinance would require bicyclists and inline skaters to use bicycle lanes where designated. The ordinance prohibits the use of electric personal assistive mobility devices and motor vehicles in the bike lanes except as necessary to merge to turn at intersections, to cross at intersections, to cross to access parking spaces or for ingress or egress from properties adjoining the roadway and would require vehicles to yield to bicyclists or inline skaters in the bicycle lanes. The ordinance also prohibits the use of play vehicles in the bicycle lanes. The full text of the ordinance may be obtained at the Office of the City Clerk, 215 Church Avenue and through the City's website at www.ci.oshkosh wi us. Clerk's phone: 920/236-5011. CITY HALL 215 Church Avenue P.O.Box 1130 Oshkosh,Wisconsin S49o3-,13o City of Oshkosh � � QIHKQfH TO: Honorable Mayor and Members of the Common Council FROM: Jim Collins, Transportation Director Lynn Lorenson, City Attorney DATE: November 20, 2014 RE: Ordinance to amend Regulations pertaining to Bike Lane Restrictions BACKGROUND Wisconsin Statutes authorize cities to designate bicycle lanes and to determine who may or may not use those bicycle fanes and the priority of persons using those bicycle lanes. The City of Oshkosh has designated several bicycle lanes on various city streets, and it would be appropriate to also specifically designate who may or may not use those lanes to avoid potential confusion and to maintain the lanes for their intended use. ANALYSIS The proposed ordinance would limit the use of designated bicycle tanes to persons using bicycles and persons using in-line skates. No person would be allowed to operate an electric personal assistive mobility device, a motorcycle, motorized bicycle, moped or any other type of motorized vehicle within the bicycle lanes, except as may be necessary to merge into the lanes to turn at intersections, to cross the bicycle lanes at intersections, for purposes of ingress/egress to properties adjacent to the roadway or to use a legal parking lane or space. No person would be allowed to use roller skates, skateboards or any other play vehicle in the bicycle lane which is consistent with State Statutes prohibiting the use of play vehicles in any roadway. Persons using electric personal assistive mobility devices and persons operating motor vehicles would be required to yield the right of way to bicyclists and inline skaters in the bicycle lane. The ordinance would also make a change to the current city ordinance pertaining to inline skates which currently requires an inline skater to keep as close as possible to the right had curb. If the roadway has a designated bicycle lane, the proposed ordinance would require an inline skater to use that designated bicycle lane regardless of whether it is located closest to the right curb. tJ FISCAI. IMPAC7 � � There is no fiscal impact associa#ed wifh the proposed ordinance. ; RECOMMENDATION The Traffic Review Advisary Board has reviewed the proposed ordinance and recommends its approval. � IRespectfuliy Submitted, Approved: i � a „� ��-____ ����' � � � Jim Collins Mark A. Rohfoff Director of Transpgrtation City Manager ' `� � �. �� � ' L n A. Lorenson . � Cify Attarney I i � � f �