Ord 24-2019 Amending Chapter 102 Article VIII Vulnerable Road Users 6/18/2019 Ordinance No. 24-2019
Ordinance amending Chapter 102, Traffic and Vehicles of the Code of
Ordinances by the addition of Article VIII, Operation of Vehicles Near
Vulnerable Road Users; providing a penalty; providing a repealer
clause; providing for inclusion; providing for severability; and
providing an effective date
WHEREAS, bicyclists and pedestrians are allowed to use the roadway by law in
Texas, but these users do not have the same physical protection as motorists and are at
greater risk of injury or death; and
WHEREAS, approximately 50 cyclists and 400 pedestrians are killed every year in
Texas-land,
WHEREAS a Vulnerable Road User ordinance provides the foundation for an
education campaign of tolerance and acceptance for "active" forms of alternative
transportation, which furthers the City's goals of promoting Wichita Falls as a Bicycle
Friendly Community.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
Section 1. The Code of Ordinances is hereby amended at Chapter 102, Traffic
and Vehicles, by the addition of Article VIII, Operation of Vehicles Near Vulnerable Road
Users, so that such Article shall read as follows:
"ARTICLE VIII. — OPERATION OF VEHICLES NEAR VULNERABLE ROAD
USERS
Sec. 102-260. —Vulnerable Road Users.
(a) DEFINITION. In this section, "vulnerable road user" means:
1 . A person lawfully operating or riding any of the following on a street
or highway:
i. A bicycle, tricycle, or other pedal-powered vehicles;
ii. A farm tractor or similar vehicle designed primarily for farm use;
iii. A skateboard, roller skates, or in-line skates;
iv. A pedestrian, including those persons actually engaged in work
upon a highway, or in work upon utility facilities along a highway;
or
v. A person riding or leading an animal.
(b) PROTECTION OF VULNERABLE ROAD USERS
1 . An operator of a motor vehicle commits an offense if, while passing
a vulnerable road user on a street or highway; fails to:
i. Vacate the lane closest to the vulnerable road user when driving
on a highway with two or more lanes traveling in the direction of
the vehicle; or
ii. Slow to a speed not to exceed:
1. 20 miles per hour less than the posted speed limit when
the posted speed limit is 25 miles per hour or more; or
2. Five miles per hour when the posted speed limit is less
than 25 miles per hour.
2. An operator of a motor vehicle commits an offense if he knowingly
throws or projects any object or substance at or against a vulnerable
road user.
3. It is a defense to prosecution under Subjection (a) that, at the time of
the offense, the operator of the motor vehicle was complying with a
lawfully given order by a police officer.
(c) A violation of this section is a class c misdemeanor punishable by a fine as
set out in section 1-14 of this code."
Section 2. All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
Section 3. It is the intention of the City Council of the City of Wichita Falls, Texas,
that the provisions of this ordinance shall become a part of the Code of Ordinances of the
City of Wichita Falls, Texas, and that sections of this ordinance may be renumbered or
relettered to accomplish such intention.
Section 4. Should any word, phrase, paragraph, section or portion of this
ordinance or the Code of Ordinances, as amended hereby, be held to be void or
unconstitutional, the same shall not affect the validity of the remaining portions of said
ordinance or the Code of Ordinances, as amended hereby, which shall remain in full force
and effect.
Section 5. The effective date of this ordinance is July 19, 2019.
PASSED AND APPROVED this the 18t" day of June, 2019.
MAYOR
ATTEST:
City Clerk
Times Record News
PART OF THE USA TODAY NETWORK
PROOF OF PUBLICATION
Ordinance No. 24-2019
Ordinance amending Chapter 102,Traffic and Vehicles of the
Code of Ordinances by the addition of Article Vill,Operation
of Vehicles Near Vulnerable Road Users;providing a penalty;
providing a repealer clause;providing for inclusion;providing
CITY OF WICHITA FALL S for severability;and providing an effective date
1300 7 TH STREET (c) A violation of this section is a class c misdemeanor
punishable by a fine as set out in section 1-14 of this code."
Section 2.All ordinances or parts of ordinances in conflict
WICHITA FALLS,TX 76307 herewith are hereby repealed.
Section 5.The effective date of this ordinance is July 19,2019.
PASSED AND APPROVED this the 18th day of June,2019.
STATE OF WISCONSIN,COUNTY OF BROWN
On this July 16,2019 AD,personally appeared before me
the undersigned authority for the Times Publishing
Company of Wichita Falls,publishers of the Wichita Falls in
Wichita County,Texas,and of general circulation in said
county,and upon being duly swom by me,on oath states
that the attached advertisement is a true and correct copy of
advertising published in day(1)issues hereof on the
following date:
June 26,2019
Sukcribgd and sw before me on July 16,2019
Legal Clerk a
Notary Public,State of WI,County of Brown
9 -()- -Z(
My commission expires
TARA MONDLOCH
Notary Public
State of Wisconsin
Publication Cost:$143.58
Ad No:0003649942
Customer No: 1237845
PO#: 24-2019