ORDINANCE NO. 8615

AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS AMENDING SECTIONS 17-114 AND 17-702 OF THE CODE OF THE CITY OF LAWRENCE, KANSAS, 2011 EDITION, AND AMENDMENTS THERETO PERTAINING TO BICYCLE USE; AND REPEALING THE EXISITNG SECTIONS

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:

Section 1.   Section 17-114 of the Code of the City of Lawrence, Kansas, 2011 Edition and amendments thereto is hereby amended to read as follows: 

17-114 AMENDMENTS TO STO: RIDING ABREAST ON ROADWAYS AND BICYCLE PATHS.

Section 131 of the Standard Traffic Ordinance, incorporated in Section 17-101 of this Article, and amendments thereto, is hereby amended to read as follows:

Riding on Roadways and Bicycle Paths.

(a) Every person operating a bicycle or a moped upon a roadway at less than the normal

speed of traffic at the time and place and under the conditions then existing shall ride as

near to the right side of the roadway as practicable, except under any of the following

situations when:

(1) Overtaking and passing another bicycle or vehicle proceeding in the same

direction;

(2) Preparing for a left turn at an intersection or into a private road or driveway; or

(3 ) Reasonably necessary to avoid conditions including, but not limited to, fixed or moving objects, parked or moving bicycles, bicycles, pedestrians, animals,

surface hazards or narrow width lanes that make it unsafe to continue along the

right-hand edge of the roadway.

(b) Any person operating a bicycle or a moped upon a one-way highway with two or more

marked traffic lanes may ride as near to the left side of the roadway as practicable.

(c) Riding Abreast. It shall be unlawful for any person riding a bicycle upon any

street, alley or sidewalk to ride more than two abreast of any other person riding upon another

bicycle except on paths or parts of roadways set aside for the exclusive use of bicycles.  It shall not be unlawful for police officers or other law enforcement personnel assigned to bicycle patrol units to ride two abreast while in the performance of their official duties.

(d)Wherever a usable path for bicycles has been provided adjacent to a roadway, bicycle

riders shall use such path and shall not use the roadway.

Section 2.        Section 17-702 of the Code of the City of Lawrence, Kansas 2011 Edition and amendments thereto is hereby amended to read as follows: 

17-702 RIDING ON SIDEWALKS.

It shall be unlawful for any person to ride a bicycle upon any sidewalk within any Downtown Commercial District (CD), as established in Chapter 20, the Development Code of the City of Lawrence, Kansas business district within the City or upon any sidewalk within a distance of 100 feet from any store or business place or place of assembly or where specifically

prohibited by posted sign. It shall not be unlawful for police officers or other law

enforcement personnel assigned to bicycle patrol units to ride upon sidewalks while

in the performance of their official duties.

Section 3.  Existing Sections 17-114 and 17-702 of the Code of the City of Lawrence, Kansas, 2011 Edition, and amendments thereto, are hereby repealed it being the intent of this ordinance to supersede the repealed code provisions. 

Section 4. Severability. If any section, clause, sentence, or phrase of this ordinance is found to be unconstitutional or is otherwise held invalid by any court of competent jurisdiction, it shall not affect the validity of any remaining parts of this ordinance.

Section 5.   This Ordinance shall take effect and be in full force upon its passage and publication as provided by law.

PASSED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS this ___day of __________________________, 2011

                                                                        Approved:

                                                                        ______________________________________

                                                                        Mike Amyx, Mayor

ATTEST:

__________________________________

Jonathan M. Douglass, City Clerk

APPROVED AS TO FORM AND LEGALITY:

______________________________________

Toni R. Wheeler, Director of the Legal Department