ORDINANCE NO. O99-1815

ENACTED 08/17/1999

ORDINANCE NO. O99-1815

An ordinance amending Title 12 of the Metropolitan Code to provide revisions relating to the operating of bicycles on sidewalks, streets and roads of Metropolitan Government.

WHEREAS, the Bicycle, Pedestrian, and Traffic Calming Advisory Committee has unanimously recommend various changes to Title 12 of the Metropolitan Code relating to the operation of bicycles within the area of Metropolitan Government.

NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

SECTION 1. Section 12.60.030 of the Metropolitan Code shall be and the same is hereby amended as follows:

A. By deleting the word "riding" wherein it appears and substituting in lieu thereof the word "operating".

B. By adding the following sentence:

"Except where prohibited, bicyclists are intended users of the roadways of Davidson County, Tennessee."

SECTION 2. Section 12.60.040 of the Metropolitan Code shall be and the same is hereby amended as follows:

By deleting the sentence at the end of subparagraph A. and adding the following provisions:

"except that where a traffic signal is activated only by motor vehicles, a bicyclist who is faced with a red traffic signal may, after waiting a reasonable time to determine the signal will not change to green, proceed after yielding the right-of-way to all traffic lawfully proceeding through the intersection."

SECTION 3. Section 12.60.050 of the Metropolitan Code shall be and the same is hereby amended by deleting the word "propelling" wherein it appears and substituting in lieu thereof the word "operating".

SECTION 4. Section 12.60.060 of the Metropolitan Code shall be and the same is hereby amended as follows:

A. By adding after the phrase "then existing shall ride" and before the phrase "as close as practicable" the following provisions: "in the same direction as other vehicular traffic".

B. By adding the following subparagraphs:

"D. When riding on a shoulder if such operation does not violate any section of this title for passing or direction of travel.

E. When proceeding straight ahead on a multiple lane roadway with a 'right turn only' lane.

F. When riding within a bicycle lane."

SECTION 5. Section 12.60.070 of the Metropolitan Code shall be and the same is hereby amended by deleting the word "riding" wherein it appears and substituting in lieu thereof the word "operating" and further by deleting the phrase "except on paths or parts of roadways set aside for the exclusive use of bicycles" at the end of the first sentence.

SECTION 6. Section 12.60.090 of the Metropolitan Code shall be and the same is hereby repealed in its entirety.

SECTION 7. Section 12.60.100 of the Metropolitan Code shall be and the same is hereby amended as follows:

A. By deleting the word "ride" wherein it appears in subparagraph A. and substituting in lieu thereof the word "operate".

B. By deleting the word "riding" wherein it appears in subparagraph B. and substituting in lieu thereof the word "operating".

C. By adding the following new subparagraph:

"C. Persons operating bicycles across a roadway or driveway and along a crosswalk from a sidewalk or path have all the duties applicable to pedestrians under the same circumstances. Such persons similarly have the rights of pedestrians, but only if the bicyclist was entitled to use the sidewalk or path, and the approach and entry into the roadway or driveway are made at a speed no greater than an ordinary walk so that other drivers may anticipate the necessity to yield when required."

SECTION 8. Section 12.60.110 of the Metropolitan Code shall be and the same is hereby amended as follows:

A. By adding after the phrase "at a speed greater" and before the phrase "than is reasonable" the following provisions: "than the posted speed limit or at a speed which is greater".

SECTION 9. Section 12.60.120 of the Metropolitan Code shall be and the same is hereby amended as follows:

By deleting the word "may" wherein it appears in the last sentence of subparagraph A. and substituting in lieu thereof the word "shall".

SECTION 10. A new Section 12.60.135 shall be and the same is hereby adopted to provide as follows:

"12.60.135 Bicycle Lanes

A. Every person operating a motor vehicle shall yield the right-of-way to a person operating a bicycle within a bicycle lane. A person operating a motor vehicle may cross a bicycle lane when making a turn or when entering or leaving the roadway, but a bicycle lane shall not be used as turning lane or passing lane.

B. Motor vehicles should not be parked, stopped or left standing in bicycle lanes unless such activity is otherwise permitted.

C. A person operating a bicycle within a bicycle lane shall give an audible signal when passing another person operating a bicycle proceeding in the same direction and shall further pass on the left.

D. A person operating a bicycle entering a bicycle lane shall yield the right of way to all bicycles in the bicycle lane. A person operating a bicycle leaving a bicycle lane shall yield the right of way to all vehicles and pedestrians. No person operating a bicycle lane shall leave it until the movement can be made with reasonable safety and, if any vehicle would be affected by the movement, by giving an appropriate signal before the movement is made.

E. A person operating a bicycle within a bicycle lane shall travel in the same direction as motor vehicles traveling in the adjacent traffic lane."

SECTION 11. Section 12.60.140 of the Metropolitan Code shall be and the same is hereby repealed in its entirety and the following new Section 12.60.140 is hereby adopted:

"A. A person may park a bicycle on a sidewalk unless prohibited or restricted by an official traffic control device.

B. A bicycle parked on a sidewalk shall not impede the normal and reasonable movement of pedestrian or other traffic.

C. A bicycle may be parked on a roadway at any angle to the curb or edge of the roadway at any location where parking is allowed.

D. A bicycle may be parked on a roadway abreast another bicycle near the side of the roadway at any location where parking is allowed.

E. A person shall not park a bicycle on a roadway in such a manner as to obstruct the movement of a legally parked motor vehicle.

F. Any person may park near and secure a bicycle to any publicly owned pole or post if no bicycle rack is available, for a period of not more than twelve (12) hours, unless an official control device or any applicable law or ordinance prohibits the parking or securing of bicycles at that location."

SECTION 12. A new Section 12.60.165 shall be and the same is hereby adopted to provide as follows:

"12.60.165 Youth helmets.

No person who is under 16 years of age shall operate a bicycle, or ride as a passenger on a bicycle or a bicycle trailer, on a public roadway, bikeway, sidewalk or bike path unless wearing a protective helmet designed for public safety which meets or exceeds the standards set by the American Standards Institute (ANSI), the American Society for Testing and Materials (ASTM) or the Snell Foundation. While not mandatory, bicycle operators who are 16 years of age or older are encouraged to wear helmets."

SECTION 13. Section 12.04.025 of the Metropolitan Code shall be and the same is hereby repealed in its entirety and the following new Section 12.04.025 is hereby adopted which provides a new definition for "bicycle":

"'Bicycle' means any vehicle upon which a person may ride which is propelled exclusively or in part by human power using pedals and having two or more wheels."

SECTION 14. Section 12.16.020 of the Metropolitan Code shall be and the same is hereby amended as follows:

A. By adding a new subparagraph to provide as follows:

"C. The driver of a vehicle overtaking a bicycle proceeding in the same direction shall pass to the left thereof at a safe distance, but not less than three feet clearance, and shall maintain clearance until safely past the overtaken bicycle."

SECTION 15. Section 12.16.110 of the Metropolitan Code shall be and the same is hereby amended as follows:

A. By adding the following sentence to subparagraph A:

"When turning a vehicle at an intersection or to enter a private road or driveway, a person shall yield the right-of-way to bicycles traveling lawfully within a bicycle lane, shoulder, sidewalk or on the roadway."

SECTION 16. This Ordinance shall take effect from and after its passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

LEGISLATIVE HISTORY
Introduced:	July 20, 1999
Passed First Reading:	July 20, 1999
Referred to:	Traffic & Parking Commission - Disapproved (5-2) (8/9/99) Public Safety Committee Traffic & Parking Committee
Amended:	August 3, 1999
Passed Second Reading:	August 3, 1999
Passed Third Reading:	August 17, 1999
Approved:	August 20, 1999
By: